Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenants due to rent arrears. The tenants were ordered to pay $2,914.21 immediately. The tenants did not attend the hearing, and the Tribunal proceeded without them.
⚖️ Legal holding
A tenant's tenancy can be terminated by the Tenancy Tribunal if rent is at least 21 days in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also covers situations where 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 rent arrears, and the tenants were ordered to pay $2,914.21.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy of the tenants was terminated due to rent arrears. The Tribunal ordered the tenants to pay $2,914.21 immediately. The tenants did not attend the hearing, and the Tribunal proceeded without them.
📚 Full judgment Official document
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[2025] NZTT 5154871
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59 am o Tuesday 4 March 2025.
2. [NAME] and [NAME] must pay Kāinga Ora– Homes And Communities $2,914.21 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $2,914.21 Total award $2,914.21 Total payable by Tenant to Landlord $2,914.21
3. All other applications are dismissed.
Reasons:
1. The landlord attended this video hearing.
2. The tenants did not attend the hearing by Teams video link. A telephone call was made to the tenants on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a
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party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.
Should the tenancy be terminated?
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. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,914.21.
Abandonment
7. The landlord also applied to have the tenancy terminated as a result of the tenants abandoning the tenancy. An abandonment requires the tenant to leave without intending to return. The tenants have indicated that they were to return on 8 February 2025, but did not do so. The tenant’s furniture and belongings remain at the premises. I am not persuaded that it is more likely than not that the tenancy has been abandoned and that application is dismissed.
S Young
27 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 attended the hearing, allowing their case to be presented.
- The Tribunal was satisfied that the tenants had been properly notified of the hearing.
- The tenants' rent was more than 21 days overdue at the time of the hearing.
❌ Tends to be rejected
- The landlord's application to terminate the tenancy due to abandonment was dismissed.
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 tenants were ordered to pay $2,914.21.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to 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 on the hearing date.
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 most important argument was that the rent was at least 21 days in arrears on the hearing date.
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 could have their tenancy terminated if they have rent arrears of at least 21 days.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.