Tenancy Terminated Due to Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal terminated a tenant's lease because the tenant was behind on rent payments and had breached their obligations under the lease agreement. The Tribunal awarded the landlord the outstanding rent and filing fees, and ordered the tenant to vacate the premises.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is more than 21 days in arrears and there is a breach of obligations.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have first given the other party a notice asking them to fix the problem within at least 10 working days.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breach of obligations.
📜 Headnote Official document
In a Tenancy Tribunal case, the tenancy of a tenant was terminated due to rent arrears and breach of obligations. The Tribunal awarded the landlord the outstanding rent and filing fees, and ordered the tenant to vacate the premises.
📚 Full judgment Official document
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[2025] NZTT 5120876
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] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at midnight on Monday 3 March 2025.
2. The [COMPANY] is to pay the bond of $1,770.00 (5482273-008) to [NAME] immediately.
3. [NAME] must pay [NAME] $1,881.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 3 March 2025 $3,624.29 Filing fee reimbursement $27.00 Total award $3,651.29 Bond $1,770.00 Total payable by Tenant to Landlord $1,881.29
Reasons:
1. The landlord attended the videoconference hearing today. The tenant had been notified of the hearing.
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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. 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 (sections 55 and 56(2) of the Residential Tenancies Act 1986).
4. Rent is more than 21 days in arrears at the hearing date. It is appropriate to terminate the tenancy as the rent is over 6 weeks in arrears.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. The application has been successful. I award the filing fee.
[NAME]
03 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
- Rent was more than 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The tenant’s obligations were breached.
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 tenant's tenancy due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent and breaches of the lease agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than 21 days in arrears and the tenant had breached their obligations under the lease agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was more than 21 days in arrears and the tenant had breached their obligations under the lease agreement.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if they are behind on rent payments and have breached their obligations under the lease agreement, their tenancy could be terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent owing at the end of the tenancy.