Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenancy due to unpaid rent arrears and transferred the bond to the landlord, following the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if rent is at least 21 days in arrears.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
This section allows the Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party must have been given at least 10 working days' notice to fix the problem and 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 the bond was transferred to the landlord.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy was terminated due to rent arrears and the bond was transferred to the landlord, following sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5141991 1
[2025] NZTT 5141991
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 [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 18 March 2025.
3. [NAME] and [NAME] must pay [The landlord/s] $1,162.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 11 March 2025 $4,195.00 Filing fee reimbursement $27.00 Total award $4,222.00 Bond $3,060.00 Total payable by Tenant to Landlord $1,162.00
4. The Bond Centre is to pay the bond of $3,060.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons:
1. Both parties attended the hearing.
__________________________________________________________________________________ 5141991 2
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
3. The landlord provided rent records which prove the amount owing of $4,195.00 through to 11 March 2025.
4. 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.
5. One of the tenants suggested several options that she may be able to use to pay the arrears but was unable to provide any evidence that she can in fact pay the outstanding arrears. The landlord submitted that they were not amenable to a conditional termination order, and wanted immediate termination to ensure that the rental arrears amount didn’t continue to increase.
6. I am not satisfied the tenant will pay the debt and nor am I satisfied that the tenant will not commit any further rental arrears breach.
7. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
8. Both parties gave submissions on the possession date, with the landlord wanting it within 24 hours and the tenants wanting up to one month. I have granted possession in seven days to allow the tenants some time to find alternative accommodation. The tenants remain liable for rent until they vacate.
9. The landlord also advised that there were outstanding water rates, however, no evidence has been provided for these and this claim is dismissed. The landlord can file a further claim with the Tribunal if needed.
10. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 11 March 2025
__________________________________________________________________________________ 5141991 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent owed with rent records.
- The rent was at least 21 days overdue on the hearing date, requiring the tenancy to be ended.
- The landlord did not want a conditional termination order and wanted the tenancy to end immediately.
- The landlord succeeded entirely with their claim, so the filing fee was reimbursed.
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 bond was transferred to the landlord.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent arrears.
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 required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears provided by 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?
Someone in a similar situation should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.