Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent. The tenant was told to pay the landlord $4,864.86 immediately.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears on the hearing date.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also covers situations where 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 the landlord $4,864.86.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay the landlord $4,864.86. The decision was based on the Residential Tenancies Act 1986, sections 55 and 56(2).
📚 Full judgment Official document
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[2025] NZTT 5218591
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 30 May 2025.
3. [NAME] must pay [The landlord/s] $4,864.86 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 30 May 2025 $8,017.86 Filing fee reimbursement $27.00 Total award $8,044.86 Bond $3,180.00 Total payable by Tenant to Landlord $4,864.86
4. [COMPANY] is to pay the bond of $3,180.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons:
1. Both parties attended the hearing.
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
Should the tenancy be terminated?
3. The landlord provided rent records which prove the amount owing of $8,017.86 at the end of the tenancy, being 30 May 2025.
4. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
6. At the hearing there was some discussion about the possession date. The landlord was seeking immediate possession, although with some reasonable allowance of a couple of days for moving. The tenant was seeking until 1 June 2025 and gave detailed submissions in support of this request. I have had to balance the tenant’s difficulties with the amount of rental arrears and have determined that possession will be on 30 May 2025.
7. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 26 May 2025
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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 for the payment of less than $1000 • a final order to undertake work worth 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided rent records proving $8,017.86 was owed.
- Rent was at least 21 days in arrears on the hearing date.
- The landlord applied to terminate the tenancy for breach of obligations.
❌ Tends to be rejected
- The tenant requested possession until 1 June 2025 but was denied.
- The tenant's detailed submissions supporting the request for later possession were not accepted.
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 the tenant was ordered to pay the landlord $4,864.86.
What was the dispute about?
The dispute was about whether the tenant's arrears justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might face termination of their tenancy if they fall behind on rent payments.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears.