Tenancy Terminated Due to Rent Arrears and Breach of Agreement
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they owed rent and had a pet dog on the premises without permission. The landlord showed that the rent was overdue for over 21 days and that the tenant had breached the agreement.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the landlord proves the breach of the tenancy agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days if they believe the landlord gave the notice because the tenant used their rights or complained about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breach of agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of the tenancy agreement. The landlord proved that the rent was in arrears for at least 21 days and that the tenant had a dog on the premises without permission.
📚 Full judgment Official document
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[2025] NZTT 5199955
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
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] For [NAME], at 23.59 pm, Tuesday, 25 March 2025.
2. The Bond Centre is to pay the bond of $2,700.00 (BN-00034008) to [COMPANY] For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] For [NAME] $1,184.14 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 25 March 2025) $3,857.14 Filing fee reimbursement $27.00 Total award $3,884.14 Bond $2,700.00 Total payable by Tenant to Landlord $1,184.14
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Reasons:
1. Both parties attended the hearing via teleconference.
2. [NAME] is the property manager from the [COMPANY]’s office.
3. In [NAME]’s application for termination of the tenancy, she raised three grounds:
a. Rent was in arrears for at least 21 days at the time of filing the application.
b. The tenant breached the tenancy agreement by having a dog on the premises.
c. The parties agreed to terminate the fixed-term tenancy early; however, the tenant later reconsidered and did not vacate the premises.
4. I considered whether a conditional termination order is appropriate in this case. After hearing the submissions of [NAME] and [NAME], I determined that this case would not be suitable for a conditional termination order.
5. My reasons are that [NAME] explained that he could not pay the rent due to financial difficulties caused by issues with [NAME] ([NAME]). Specifically:
a. Back Pay Miscommunication: He had recently finished working at the end of the previous year and was transitioning onto [NAME] benefits. [NAME] told him that he would receive back pay for the weeks leading up to his benefit approval, which took a long time to process. However, when the time came, [NAME] did not provide the back pay as promised. This back pay was intended to cover the rent arrears. There is no evidence before me to confirm [NAME] was entitled to back pay.
b. Insufficient Payments: [NAME] said the first payment from [NAME] was only half of what he was supposed to receive, which made it impossible to catch up on the rent. The benefit payments he did receive were primarily used for essential needs like food, leaving little to no funds for rent.
c. Ongoing Struggles: The lack of back pay and insufficient benefit payments created a continuous financial struggle, making it impossible for him and his brother, Mr [NAME], to pay the rent consistently from the week of 14 February 2025 onward.
6. [NAME] also raised issues with the property when he moved in in January 2025. I told him he would be entitled to file a separate application with the Tribunal. The hearing today was about his landlord’s application to terminate the tenancy.
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7. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
8. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
9. The remaining grounds [NAME] advanced no longer require adjudication.
10. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee
11. [COMPANY] For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
25 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 rent was in arrears for at least 21 days when the application was filed.
- The landlord provided rent records proving the amount owed.
- The landlord successfully claimed the filing fee reimbursement.
❌ Tends to be rejected
- The tenant claimed financial difficulties due to miscommunication about back pay.
- The tenant argued that insufficient benefit payments made it impossible to pay rent.
- The tenant faced ongoing financial struggles, making consistent rent payments impossible.
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 rent arrears and breach of the tenancy agreement.
What was the dispute about?
The dispute was about the tenant owing rent and having a pet dog on the premises without permission.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was in arrears for over 21 days and that the tenant had breached the agreement by having a dog on the premises.
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 that the rent was in arrears for over 21 days and that the tenant had breached the agreement by having a dog on the premises.
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, it means that if rent is in arrears for over 21 days and there is a breach of the tenancy agreement, the tenancy can be terminated.
What evidence or documents mattered?
The evidence that mattered included rent records showing the amount owing at the end of the tenancy and proof that the rent was in arrears for over 21 days.