Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they had not paid their rent for over 21 days and breached their obligations. This decision was made according to the Residential Tenancies Act 1986.
⚖️ 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 rule 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 applies if the tenant caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken a term of the tenancy agreement or the Act. If the problem could have been fixed, the party who complained must have given the other party a notice to fix it within at least 10 working days, and the other party failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breach of obligations.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5202252
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] - As Agent For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] ([NAME]) - As Agent For [COMPANY], at 11:59pm Thursday 1 May 2025.
2. The Bond Centre is to pay the bond of $1,960.00 (3361537-009) to [COMPANY] ([NAME]) - As Agent For [COMPANY] immediately.
3. [NAME] must pay [COMPANY] ([NAME]) - As Agent For [COMPANY] $888.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 24.4.25 $2,744.28 Water rates $77.01 Filing fee reimbursement $27.00 Total award $2,848.29 Bond $1,960.00 Total payable by Tenant to Landlord $888.29
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Reasons:
1. The landlord attended the hearing via remote teleconference. An attempt was made to contact the tenant on the telephone number provided. The telephone call went straight to voicemail. The hearing continued in the absence of the tenant.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears and refund of the bond.
Should the tenancy be terminated?
3. 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.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent and water records which prove the amounts owing at the end of the tenancy. The landlord provided an updated rent ledger just prior to the hearing. The landlord also provided a water invoice from Whangarei District Council. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
6. The claim for rent and water arrears are proven.
7. [COMPANY] ([NAME]) - As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Manhire
24 April 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.
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 on the hearing date.
- The landlord provided detailed rent and water records proving the amounts owed.
- The landlord also provided a water invoice from Whangarei District Council.
❌ Tends to be rejected
- The tenant did not attend the hearing or provide any counter-evidence.
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 breach of obligations.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent and breach of obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant had breached their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears and the tenant had breached their obligations.
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 and the tenant breaches their obligations, the tenancy can be terminated.
What evidence or documents mattered?
The rent and water records, an updated rent ledger, and a water invoice from Whangarei District Council mattered.