Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who repeatedly failed to pay rent on time over a 90-day period. The tenant did not attend the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 5 working days in arrear on three separate occasions within a 90-day period.
📖 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 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 repeated rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated rent arrears over a 90-day period, as per the Residential Tenancies Act 1986, s 55(1)(aa).
📚 Full judgment Official document
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[2025] NZTT 5122250
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [NAME], at 5pm on Saturday, 22 February 2025.
2. The [COMPANY] is to pay the bond of $2,280.00 (3838459-002) to [NAME] and [NAME] immediately.
3. [NAME] must pay [NAME] and [NAME] $597.00 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 22 February 2025) $2,850.00 Filing fee reimbursement $27.00 Total award $2,877.00 Bond $2,280.00 Total payable by Tenant to Landlord $597.00
Reasons:
1. The landlord attended the hearing by video link.
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2. The tenant did not attend and did not answer two calls made to his mobile phone during the hearing.1
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. The Tribunal shall terminate a tenancy where:
a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and
b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and
c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
5. In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
6. The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
7. Further, 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.
8. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
1 There is a note from Tenancy Service’s call centre on the Tribunal file, recording that [NAME] called the morning of the hearing requesting an adjournment and was advised to contact the Ministry of Justice/Tribunal Registry if he wanted an adjournment. There is no record of [NAME] having contacted Registry. As such, I proceeded with the hearing.
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R Morgan
18 February 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 landlord proved that rent was at least 5 working days in arrears on three separate occasions within a 90-day period.
- The landlord successfully showed they had given the tenant written notice of the arrears on each occasion.
- The landlord's application to the Tribunal was submitted within 28 days after the third notice was given.
- The landlord provided rent records that proved the amount of rent owing at the end of the tenancy.
- The landlord was reimbursed for the Tribunal application fee because they were the successful party.
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 of the tenant due to repeated rent arrears over a 90-day period.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy due to the tenant's repeated failure to pay rent on time.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent on time on three separate occasions within a 90-day period, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(aa)
What was the argument that mattered most?
The most important argument was that the tenant had failed to pay rent on time on three separate occasions within a 90-day period.
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 who fails to pay rent on time on multiple occasions within a 90-day period may face termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records showing the amount owing at the end of the tenancy.