Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent. The landlord showed that the rent was at least 21 days overdue when they filed the application.
⚖️ Legal holding
A tenant's tenancy can be terminated if their rent is at least 21 days in arrears.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears. The landlord proved that the rent was at least 21 days in arrears when the application was filed.
📚 Full judgment Official document
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[2025] NZTT 5101548
TENANCY TRIBUNAL AT VIDEO LOCATION
TE TARAIPIUNARA RETIHANGA KI VIDEO
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm on Tuesday 25 February 2025.
2. The Bond Centre is to pay the bond of $2,600.00 (6444948-009) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $6,281.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 February 2025 $8,854.29 Filing fee reimbursement $27.00 Total award $8,881.29 Bond $2,600.00 Total payable by Tenant to Landlord $6,281.29
Reasons:
4. The landlord attended the hearing. The tenant did not.
5. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenant and got her voice mail. I left a message about how to participate in the hearing. By the time I got a response from her, the hearing was over and an Order made.
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6. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
7. Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
8. The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 9 December 2024. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion as it would be unconscionable for it not to terminate the tenancy.
9. The tenancy is terminated, and possession granted to the landlord.
10. The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain.
11. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Reimbursement of filing fee
12. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
25 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's application for tenancy termination was accepted because the rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records that proved the amount of money owed at the end of the tenancy.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant owed back rent.
What was the dispute about?
The landlord wanted to end the tenancy due to unpaid rent that was at least 21 days overdue.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was proving that the rent was at least 21 days in arrears when the application was filed.
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 might have their tenancy terminated if they owe back rent that is at least 21 days overdue.
What evidence or documents mattered?
The rent records provided by the landlord mattered as they proved the amount of rent owed was at least 21 days overdue.