Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the rent was over 21 days late. The landlord showed proof of the overdue rent, and although the tenant suggested a way to pay it back, the Tribunal found the plan unrealistic and unachievable.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if a landlord applies and can show that 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.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord provided proof of the arrears, and the tenant proposed a payment plan which was deemed unrealistic by the Tribunal.
📚 Full judgment Official document
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[2026] NZTT 5472012
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Agent For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] T/A [COMPANY] As Agent For [COMPANY], at 11:59pm on Thursday, 25 June 2026.
2. The Bond Centre is to pay the bond of $2,880.00 to [COMPANY] T/A [COMPANY] As Agent For [COMPANY] immediately.
3. [NAME] must pay [COMPANY] T/A [COMPANY] As Agent For [COMPANY] $4,858.10 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 25 June 2026) $7,520.00 Water rates $190.10 Filing fee reimbursement $28.00 Total award $7,738.10 Bond $2,880.00 Total payable by Tenant to Landlord $4,858.10
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent 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.
4. The tenant wanted to repay the arrears to avoid immediate termination. The landlord opposed a conditional termination order being made. This tenancy started in December 2025. There have been ongoing issues with rent since February 2026. By the date of the hearing, rent was 65 days in arrears. The tenant explained how the arrears accrued and set out a proposal for repayment. I am not satisfied that the payment plan was realistic or achievable. No evidence was provided to substantiate the figures put forward by the tenant. I have declined to make a conditional termination order.
5. The landlord provided rent records which prove the amount owing as at the hearing date ($6,594.29). The tenant did not dispute the amounts claimed for rent or water rates. I have granted a termination date at the end of the next rent cycle and have awarded rent owing to that date.
6. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
[NAME]
16 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
- Rent was at least 21 days in arrears.
- The landlord provided proof of the rent owed.
- The tenant did not dispute the rent or water rates amounts.
❌ Tends to be rejected
- The tenant proposed a payment plan to repay the arrears.
- The tenant did not provide evidence to support their payment plan figures.
- The tribunal was not satisfied with the tenant's payment plan.
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 exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the tenant had not paid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was over 21 days late, and the tenant's proposed payment plan was considered unrealistic and unachievable.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's proof of rent arrears and the Tribunal's assessment of the tenant's proposed payment plan.
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 over 21 days late, the tenancy can be terminated unless a realistic payment plan is agreed upon and accepted by the Tribunal.
What evidence or documents mattered?
The evidence that mattered included the landlord's rent records showing the amount owed and the tenant's proposal for repayment.