Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the rent was at least 21 days overdue. The tenant had to pay back rent and a filing fee to the landlord.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was submitted. 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 the tenant was ordered to pay outstanding debts.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The tenant was ordered to pay outstanding debts including rent arrears and a filing fee. The landlord was granted possession of the property immediately.
📚 Full judgment Official document
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[2026] NZTT 5492749
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 3, [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room 3, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. The [COMPANY] is to pay the bond of $1,400.00 (BN-16956900) to
[COMPANY] immediately.
3. [NAME] must pay [COMPANY] $3,136.57 immediately,
calculated as shown in the table below:
Description Landlord Rent arrears to the end of 16/06/26 $4,508.57 Filing fee reimbursement $28.00 Subtotal $4,536.57 Bond to landlord $1,400.00 Balance tenant owes $3,136.57
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Reasons:
1. The hearing was conducted remotely on Microsoft Teams by telephone.
2. The property manager attended the hearing for the landlord.
3. The Tribunal telephoned the tenant on two occasions, but they did not pick up. The
hearing continued in the tenant’s absence.
4. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of
the filing fee, and payment out of the bond.
5. Rent was at least 21 days in arrears on the date the application was filed. The tenancy
must be terminated pursuant to s 55(1)(a) of the Residential Tenancies Act 1986.
6. The landlord provided a rent summary which proves the tenant’s rent arrears at the end
of the tenancy today. I order accordingly.
7. The tenant must reimburse the landlord for the filing fee.
8. The Tribunal directs the [COMPANY] to pay the bond out to the landlord. That amount
is deducted from the tenant’s debt to arrive at the balance he must immediately pay.
R Kee
17 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenancy was terminated because the rent was more than 21 days overdue when the application was filed.
- The landlord proved the tenant's rent arrears with a rent summary.
- The tenant was ordered to reimburse the landlord for the filing fee.
- The bond was directed to be paid out to the landlord and deducted from the tenant's debt.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant due to rent arrears and ordered the tenant to pay outstanding debts.
What was the dispute about?
The dispute was about the landlord's request to terminate the tenancy due to unpaid rent that was over 21 days late.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears, as required by the Residential Tenancies Act 1s 55(1)(a).
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears, which justified the termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is at least 21 days in arrears, the tenancy can be terminated and the tenant may be ordered to pay outstanding debts.
What evidence or documents mattered?
The rent summary provided by the landlord proved the tenant's rent arrears at the end of the tenancy.