Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid rent for over 16 weeks. The landlord was given possession of the property and awarded damages.
⚖️ Legal holding
A tenant's failure to pay rent for over 16 weeks can lead to the termination of their tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage to the property or assaults the landlord or their family.
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 a tenant due to significant rent arrears and awarded damages to the landlord. The tenant failed to attend the hearing and did not respond to calls during the proceedings.
📚 Full judgment Official document
__________________________________________________________________________________ 5153177 1
[2025] NZTT 5153177
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Karaka, RD 2, Papakura 2578
ORDER
1. The tenancy of [NAME] at [ADDRESS], Karaka, RD 2, Papakura 2578 is terminated, and possession is granted to [COMPANY], at 5.00pm on Wednesday 23 April 2025.
2. The [COMPANY] is to pay the bond of $2,940.00 (5164955-001) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $9,544.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 23 April 2025 $12,457.14 Filing fee reimbursement $27.00 Total award $12,484.14 Bond $2,940.00 Total payable by Tenant to Landlord $9,544.14
Reasons:
1. Both parties attended the hearing by teleconference. The tenant left the call during the hearing and did not answer when she was called back.
__________________________________________________________________________________ 5153177 2
2. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. 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.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy. The arrears are substantial and more than 16 weeks in arrears at the date of possession.
6. As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson 16 April 2025
__________________________________________________________________________________ 5153177 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. 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 proved that the tenant owed rent arrears for over 16 weeks.
- The landlord provided rent records showing the exact amount of rent owed.
- The tenant did not attend the hearing and did not respond when called back.
❌ Tends to be rejected
- The tenant's absence prevented them from presenting any arguments or evidence.
- The tenant did not provide any proof of having paid the rent arrears.
- The tenant did not challenge the landlord's calculation of the rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy due to significant rent arrears and awarded damages to the landlord.
What was the dispute about?
The landlord claimed that the tenant owed significant rent arrears and requested termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 16 weeks, as required by the Residential Tenancies Act 1986.
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 landlord's proof of significant rent arrears for over 16 weeks was the most important argument.
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?
Someone who fails to pay rent for over 16 weeks risks having their tenancy terminated and being liable for damages.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing at the end of the tenancy.