Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent on three separate occasions within 90 days, despite receiving written notices from the landlord.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to pay rent on three separate occasions within a 90-day period, despite receiving written notices.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also allows termination if the 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 despite notices being served.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated rent arrears within a 90-day period, despite the landlord serving written notices as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5121251
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59 am on Friday 21 March 2025.
2. The tenants are tenants are to pay $27.00 to [COMPANY] As Agent For [NAME] immediately as shown in the table below.
Description Landlord Tenant Filing fee reimbursement $27.00 Total award $27.00 Bond $27.00
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Reasons:
1. Both parties attended the video hearing on 14 March 2025. The tenant [NAME] represented the tenants. During the course of the hearing the tenant asked the Tribunal to call the tenant [NAME] on a number that the tenant provided. The call was made but went to voice mail.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The application for rent arrears was withdrawn by the landlord as the arrears had been paid by the tenant the day prior to this hearing.
Should the tenancy be terminated?
3. 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.
4. 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.
5. The grounds have been established .
6. The Tribunal may refuse to make a termination order if, but only if, the breach has been remedied (where capable of remedy) the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenants will commit a further breach of the kind to which s.55(1)(aa) applies.
7. The tenants have remedied the breach by paying the rent arrears. I am not aware of any other losses to the landlord.
8. The landlord explained that this was the third application to the Tribunal for rent arrears. On previous occasions, rent has been paid the tenants just prior to the
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hearing. In those circumstances, I cannot be satisfied that it is unlikely that the tenant will commit a further breach by failing to pay rent in full and on time. In those circumstances, the tenancy must be terminated.
9. As the landlord has been substantially successful, I order the tenant to pay the filing fee to the landlord.
[NAME]
16 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 provided written notices three times within a 90-day period for unpaid rent.
- Each notice was given at least 5 working days after the rent was due.
- The landlord filed the termination application within 28 days of giving the third notice.
- The tenant failed to pay rent in a timely manner on multiple occasions.
❌ Tends to be rejected
- The tenant paid rent arrears just before the hearing, but this was not enough to prevent termination.
- The Tribunal was not convinced that the tenant would not commit further breaches of paying rent on time.
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 repeated rent arrears within a 90-day period.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the tenant repeatedly failed 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 three separate occasions within 90 days, despite receiving written notices from the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(aa), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to pay rent on three separate occasions within 90 days, despite receiving written notices from the landlord.
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 they fail to pay rent on three separate occasions within 90 days, their tenancy could be terminated.
What evidence or documents mattered?
The evidence that mattered included the written notices served by the landlord and the fact that the rent arrears were not remedied in a timely manner.