Tenancy Terminated Due to Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay rent as agreed and breached their obligations. The tribunal followed the Residential Tenancies Act 1986 to make its decision.
⚖️ Legal holding
A tenant's failure to comply with a notice for rent arrears and subsequent breach of obligations allows the landlord to terminate the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
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.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of obligations. The tenant failed to comply with a notice for rent arrears, leading to the termination of the tenancy under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5112468
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Auckland Central, Auckland
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as agent for [NAME] at the end of 9 March 2025.
2. The tenant must pay the landlord $600.00 by the end of 27 February 2025, or the tenancy will terminate immediately on 28 February 2025.
3. The [COMPANY] is to pay the bond of $1,800.00 (6397485-002) to [COMPANY] as agent for [NAME] immediately.
4. [NAME] must pay [COMPANY] as agent for [NAME] $3,434.14 immediately, calculated as shown in the table below:
Description Rent arrears to 26/02/25 Rent arrears from 27/2 - 9/3/25
Landlord $4,500.00
$707.14
Filing fee reimbursement $27.00 Total award $5,234.14 Bond $1,800.00 Total payable by Tenant to Landlord $3,434.14
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Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended the hearing for the landlord.
3. The tenant attended for herself.
4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, reimbursement of the filing fee and payment over of the bond.
Must the tenancy be terminated?
5. 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 pursuant to ss 55 and 56(2) of the Residential Tenancies Act 1986.
6. The landlord applied to the Tribunal for termination for the tenant not complying with a 14-day notice for rent arrears. Rent is at least 21 days in arrears at the hearing date.
7. The tenancy is terminated.
How much does the tenant owe?
8. The landlord provided rent records which prove the amount owing at the end of the today.
9. The Tribunal also orders rent to the end of the tenancy for simplicity.
Filing fee
10. The tenant must reimburse the landlord for the filing fee.
Bond
11. The Tribunal directs the [COMPANY] to release the bond to the landlord.
Conditional termination
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12. The tenant has found a new job. She says she can pay $600.00 for rent tomorrow.
13. The Tribunal delays termination to 9 March 2025, conditional on the tenant paying the $600.00 towards rent by the end on tomorrow.
14. Once paid, the $600.00 will reduce the total amount payable on this order in that amount.
R Kee
26 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 tenant did not comply with the notice for rent arrears.
- Rent was at least 21 days in arrears on the hearing date.
- The landlord provided rent records proving the amount owing.
❌ Tends to be rejected
- The tenant found a new job and claimed she could pay $600.00 for rent.
- The Tribunal delayed termination conditionally based on the tenant paying $600.00 by a certain date.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about a tenant not paying rent as agreed and breaching their obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to comply with a notice for rent arrears and breached their obligations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 55, and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to comply with a notice for rent arrears and subsequent breach of 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 fail to pay rent as agreed and breach their obligations.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the hearing date.