Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded the bond to the landlord. The landlord proved that the rent was at least 21 days in arrears, resulting in the termination of the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days overdue when the application was submitted. It also allows termination for substantial damage or assault.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded the bond.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded the bond to the landlord. The landlord provided proof of the rent arrears, leading to the termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5168691
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] and [NAME] at [address suppressed] is terminated, and possession is granted to [the landlord], at 12.30pm on Friday 21 March 2025.
3. The Bond Centre is to pay the bond of $1,927.00 (6546201-001) to [the landlord] immediately calculated as shown in the table below.
4. The balance of the bond of $873.00 is to remain at the Bond Centre.
Description Landlord Tenant Rent arrears to 23 March 2025 $1,900.00 Filing fee reimbursement $27.00 Total award $1,927.00 Bond $1,927.00 $873.00
Reasons:
1. The hearing was conducted by telephone. Only the landlord attended. Calls to the tenants at the time of the hearing went to voicemail.
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2. The landlord has applied for termination of the tenancy, rent arrears and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. 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 ordered.
5. The landlord has succeeded and so I have awarded the filing fee.
6. The landlord has succeeded and so I have granted their request for name suppression.
R Armstrong 21 March 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's application for tenancy termination was accepted because the rent was significantly overdue.
- The landlord successfully proved the amount of rent owed by providing their rent records.
- The landlord was reimbursed for the filing fee because their application was successful.
- The landlord's request for name suppression was granted because they were successful in their application.
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 landlord was awarded the bond.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant's failure to pay rent on time.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears, as proven by the landlord's rent records.
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 the landlord's proof of rent arrears, which met the statutory requirement for 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?
For someone in a similar situation, if rent is at least 21 days in arrears, the tenancy can be terminated and the bond awarded to the landlord.
What evidence or documents mattered?
The rent records provided by the landlord were crucial in proving the rent arrears.