Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they failed to pay rent for over 21 days. The landlord was given possession of the property and the bond was returned to them. The tenant had to pay back the rent and water rates.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days entitles the landlord to terminate the tenancy.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the bond was refunded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days and awarded possession to the landlord. The bond was refunded to the landlord and the tenant was ordered to pay outstanding rent and water rates.
📚 Full judgment Official document
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[2025] NZTT 5068649
TENANCY TRIBUNAL - Video Location
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], immediately.
2. The [COMPANY] is to pay the bond of $2,440.00 (5028622-016) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $201.55 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 23/02/2025 $2,194.29 Water rates $420.26 Filing fee reimbursement $27.00 Total award $2,641.55 Bond $2,440.00 Total payable by Tenant to Landlord $201.55
Reasons:
1. The landlord’s representative attended the hearing. The tenants could not be reached by telephone. I continued in their absence as they have been notified of the hearing date and time.
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
3. The landlord says the tenants have given notice and requested the tenancy end on 23 February 2025.
4. The landlord has not yet visited the property so cannot confirm whether possession has been returned.
5. The landlord has grounds to terminate the tenancy as the rent is at least 21 days in arrears on the hearing date. I have made a termination and possession order effective immediately. See sections 55 and 56(2) Residential Tenancies Act 1986.
6. The landlord provided rent and water rates records which prove the amounts owing at the end of the tenancy.
7. I award the filing fee.
8. The bond is refunded to the landlord in full and the balance owing is payable by the tenants.
N Maplesden
24 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.
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 rent was at least 21 days in arrears.
- The landlord provided proof of rent arrears through records.
- The landlord applied for termination based on rent arrears.
❌ Tends to be rejected
- The tenants could not be reached for the hearing.
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 due to rent arrears and awarded possession to the landlord.
What was the dispute about?
The dispute was about the landlord terminating the tenancy because the tenant had not paid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had breached their obligation to pay rent on time.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for over 21 days, which allowed the landlord to terminate 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, failing to pay rent for over 21 days can lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent and water rates records showing the amount owing at the end of the tenancy.