Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenancy because the tenants were in arrears with their rent payments and ordered them to pay $4,903.71 to the landlord, including filing fees. The decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord's filing fees when found in breach of their rental obligations under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and filing fee.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy due to significant rent arrears and ordered the tenants to pay $4,903.71 to the landlord, including filing fees. The decision was based on section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5500601
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as [NAME], immediately.
2. [NAME] [NAME] and [NAME] must pay [COMPANY] as [NAME] $4,903.71 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 4 June 2026 $4,875.71 Filing fee reimbursement $28.00 Total payable by Tenant to Landlord $4,903.71
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and the filing fee.
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3. [NAME] was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
Filing fee
4. Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant.
[NAME]
05 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Tenant's Non-Appearance Leads to Landlord's Possession Order
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant is required to pay rent arrears and ongoing rent to avoid tenancy termination under the Residential Tenancies Act 1986.| A tenant must repay rent arrears to avoid immediate tenancy termination under the Residential Tenancies Act 1986.| A landlord is entitled to possession of the premises if they provide a valid 90-day notice and the tenant does not attend the hearing.| A tenant's failure to return to premises after arranging a meeting for handover constitutes abandonment under the Residential Tenancies Act 1986.| A tenant must leave premises reasonably clean and tidy, removing all rubbish upon termination of a lease agreement.| A tenant is responsible for rent arrears, cleaning costs, and damage to property beyond fair wear and tear.
❌ Tends to be rejected
- A landlord seeking expedited abandonment must provide robust documentary evidence to substantiate the claim under section 91AA RTA.| A dispute between tenants over the division of a bond refund is not within the jurisdiction of the Tenancy Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and tenants were ordered to pay $4,903.71 to the landlord.
Who was involved?
A landlord and two tenants were involved in the dispute.
How did the court decide, and why?
The court decided based on significant rent arrears and ordered termination of the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The significant rent arrears and non-attendance by tenants at the hearing were key factors.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants with significant rent arrears may face termination and be ordered to pay outstanding amounts including filing fees.
What evidence or documents mattered?
Rent arrears documentation was crucial, as well as the non-attendance of tenants at the hearing.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.