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 a specific amount of money. The Tribunal said that according to the Residential Tenancies Act 1986, a tenancy must be ended if rent is more than 21 days overdue.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is more than 21 days in arrears.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a termination notice if the landlord gave it because the tenant complained or used their rights. The tenant must apply within 14 working days of getting the notice.
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 a sum of money.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay the landlord a sum of money. The Tribunal noted that under the Residential Tenancies Act 1986, a tenancy must be terminated if rent is more than 21 days in arrears.
📚 Full judgment Official document
__________________________________________________________________________________ 5241874 1
[2025] NZTT 5241874, 5202631
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted]
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] , immediately.
2. [COMPANY] is to pay the bond of $2,720.00 (3082898-020) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $7,615.73 immediately, calculated as shown in the table below:
Description Landlord Rent arrears as at end of tenancy $9,751.43 Water rates $557.30 Filing fee reimbursement $27.00 Total award $10,335.73 Bond $2,720.00 Total payable by Tenant to Landlord $7,615.73
__________________________________________________________________________________ 5241874 2
Reasons:
1. Only the landlord attended the hearing. I telephoned the tenant on the two numbers available, as well as the tenants emergency contact on the tenancy agreement, and there was no answer to those calls. I am satisfied that the tenant has been served notice of the hearing, so I will proceed to consider the claim.
2. The landlord seeks termination of the tenancy due to rent arrears. This is granted. The rent arrears at the hearing today is $9,751.43, around 14 weeks of arrears.
3. Section 55 of the Residential Tenancies Act 1986 confirms that the Tribunal “shall” order a termination if the rent is more than 21 days in arrears on the date the application for termination is filed, which is the case here. The tenancy must therefore be terminated.
4. The landlord seeks an order for outstanding water rates, that is ordered.
5. The bond is to be released to the landlord to off-set the debt.
6. While there are two applications filed with the Tribunal, I order the reimbursement of one filing fee. I note for completeness that when additional claims arise once an application is filed, the original application can be amend, rather than the filing of a second or later applications.
[NAME] 07 May 2025
__________________________________________________________________________________ 5241874 3
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.
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/
__________________________________________________________________________________ 5241874 4
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 landlord's request to terminate the tenancy was granted because the rent was significantly overdue.
- The tenancy was terminated because the rent was more than 21 days in arrears when the application was filed.
- The landlord was awarded outstanding water rates.
- The bond was released to the landlord to reduce the tenant's debt.
- The landlord was reimbursed for one filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to rent arrears and the tenant was ordered to pay the landlord $7,615.73.
What was the dispute about?
The dispute was about the landlord terminating the tenancy due to unpaid rent and other charges.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than 21 days in arrears, as required by the Residential Tenancies Act 1s 54.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was more than 21 days in arrears.
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?
For someone in a similar situation, if they have rent arrears over 21 days, their tenancy could be terminated.
What evidence or documents mattered?
The evidence that mattered included the amount of rent arrears and the filing fees.