Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent for over 21 days, as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they fail to pay rent for at least 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and 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 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 significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5199151
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted] [NAME]
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] As Agent For [NAME] & [NAME], at 11.59pm on Wednesday 16 April 2025.
2. The Bond Centre is to pay $1,984.14 from the bond of $2,320.00 (6432025- 006) to [COMPANY] As Agent For [NAME] & [NAME] immediately, calculated as shown in the table below.
3. The balance of the bond of $335.86 is to remain at the Bond Centre.
Description Landlord Tenant Rent arrears as at 16 April 2025 $1,957.14 Filing fee reimbursement $27.00 Total award $1,984.14 Bond $1,984.14
Reasons:
1. Both parties attended the hearing which was held by telephone.
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2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment from the bond.
3. Rent was at least 21 days in arrears on the date the application was filed and remains in significant arrears. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing as at today’s date - $1,957.14. The rent arrears will be taken from the bond.
5. I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Again, the filing fee will be taken from the bond.
C ter Haar
16 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
- The tenant failed to pay rent for at least 21 days.
- The landlord provided rent records proving the amount owing.
- The landlord was wholly successful in the claim against the tenant.
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 significant rent arrears.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent for over 21 days justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had significant rent arrears, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a)
What was the argument that mattered most?
The most important argument was that the tenant had significant rent arrears, which justified terminating the tenancy.
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 in a similar situation might face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing as of the hearing date.