Tenancy Terminated Due to Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed significant rent arrears and breached their obligations. The tenant was ordered to pay back the rent and compensate for damages to the landlord's property.
⚖️ Legal holding
A tenant must pay rent arrears and compensate for damages to the landlord's property.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue, or if the tenant has caused or threatened significant damage to the property.
This rule allows the Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act, and if the breach could have been fixed but was not, after the other party was given notice and a reasonable time (at least 10 working days) to fix it.
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
The Tenancy Tribunal terminated the tenancy of a tenant due to significant rent arrears and breach of obligations. The tenant was ordered to pay rent arrears and compensate for damages to the landlord's property.
📚 Full judgment Official document
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[2025] NZTT 5094869
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at midnight on Thursday 27 February 2025.
2. The Bond Centre is to pay the bond of $1,350.00 (5706046-002) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $1,917.05 immediately for a replacement oven, and $27.00 immediately for the filing fee, calculated as shown in the table below.
4. [NAME] must pay [COMPANY] $9,750.00 immediately for rent arrears, calculated as shown in the table below.
Description Landlord Tenant Rent to end of tenancy on 27.2.25 $9,750.00 Replace furnishings (oven) $1,917.05 Filing fee reimbursement $27.00 Total award $11,694.05 Bond $1,350.00 Total payable by Tenant to Landlord $10,344.05
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Reasons:
1. The landlord and the [NAME]-named tenant attended the telephone hearing today. Calls to the other tenant went to voicemail.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond, and compensation.
3. The [NAME] has withdrawn from the tenancy. The landlord confirmed that there is no claim against her for rent arrears.
4. 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).
5. The rent arrears are significant, being equivalent to 15 weeks rent (the weekly rent is $650.00). No payments have been made since November last year. It is appropriate to terminate the tenancy.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
7. The oven was damaged during the joint tenancy and had to be replaced. The oven was about a year old. It was replaced with the same model. The oven had been damaged by pests nesting inside and was not covered by the warranty or insurance.
8. The [NAME] did not dispute liability for the cost of a replacement oven. I find that the oven was damaged by the tenants, and they are jointly liable for the replacement cost, which is less than 4 weeks’ rent (section 49B of the Residential Tenancies Act 1986).
9. I have applied the bond towards the rent arrears on the basis that the landlord is entitled to apply the security afforded by the bond towards obligations due under the continuing sole tenancy.
10. The application has succeeded. I award the filing fee to the landlord. An order having been made against both tenants, I consider they are jointly liable for this fee.
[NAME]
27 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 rent was significantly overdue, being 15 weeks' worth of unpaid rent.
- The landlord provided clear rent records proving the amount owed.
- The oven was damaged during the tenancy and needed replacement, which the tenant agreed to pay for.
- The bond was applied towards the rent arrears as the landlord was entitled to use the bond for outstanding obligations.
❌ Tends to be rejected
- The tenant did not provide any evidence or argument to dispute the amount of rent arrears.
- The tenant did not contest the necessity of replacing the oven due to pest damage.
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 significant rent arrears and breach of obligations.
What was the dispute about?
The dispute was about unpaid rent and damage to the landlord's property.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears were significant and the tenant breached their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 55, 56(2), and 49B were applied.
What was the argument that mattered most?
The argument that mattered most was the significant rent arrears and the breach of obligations by the tenant.
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?
Someone in a similar situation might face termination of their tenancy if they fail to pay rent and breach their obligations.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and proof of damage to the oven.