Tenancy Terminated Due to Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations. The landlord provided proof of the rent arrears and other charges.
⚖️ Legal holding
A landlord may terminate a tenancy for breach of obligations and rent arrears under sections 55 and 56(2) of the Residential Tenancies Act 1986.
📖 What the law says
This rule says that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the application is filed, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the breach can be fixed, the party who complained must have given the other party a notice to fix it within at least 10 working days, and the other party 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 breach of obligations under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations under sections 55 and 56(2) of the Residential Tenancies Act 1986. The landlord provided rent records and invoices for water and electricity rates.
📚 Full judgment Official document
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[2025] NZTT 5231394
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [NAME]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE], [NAME] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11:59pm on Tuesday, 10 June 2025.
2. The Bond Centre is to pay the bond of $1,840.00 (BN-00055357) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $1,605.77 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 10 June 2025 $3,285.71 Water and electricity $133.06 Filing fee reimbursement $27.00 Total award $3,445.77 Bond $1,840.00 Total payable by Tenant to Landlord $1,605.77
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Reasons:
1. A representative for the landlord’s agent attended the hearing which was conducted by telephone. Three attempts were made to contact the tenant by telephone. The calls went to answerphone. The tenant has not communicated with the Tribunal as to why she would not attend today’s hearing and the hearing proceeded in her absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, unpaid water rates and electricity rates and refund of the bond.
Should the tenancy be terminated?
3. Sections 55 and 56(2) of the Residential Tenancies Act 1986 provide that 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.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.
6. The landlord has also provided invoices for water and electricity rates which prove the amount of owing for outgoings.
Filing fee:
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim. For this reason, I must order reimbursement of the filing fee.
K Henry
10 June 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 tenancy was terminated because the rent was at least 21 days in arrears by the hearing date.
- The landlord proved the amount of rent owing with rent records in the form of a rent ledger.
- The landlord provided invoices to prove the amounts owing for water and electricity rates.
- The landlord was reimbursed the filing fee because they wholly succeeded with the claim.
❌ Tends to be rejected
- The tenant's arguments were not considered because she did not attend the hearing or communicate with the Tribunal.
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 breach of obligations.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to rent arrears and breach of obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant breached their obligations.
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 that the rent was at least 21 days in arrears and the tenant breached their obligations.
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 have rent arrears and breach their obligations.
What evidence or documents mattered?
The rent records and invoices for water and electricity rates mattered.