Tenancy Terminated Due to Rent Arrears and Failure to Engage
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they did not pay their rent on time and did not respond to the tribunal's attempts to communicate with them.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears and fails to engage with the tribunal can have their tenancy terminated.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the landlord applies for it and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage to the property or assault/threats against the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant's failure to engage.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and the tenant's failure to engage with the tribunal. The landlord had applied for termination of the tenancy and rent arrears, and the rent was at least 21 days in arrears when the application was filed.
📚 Full judgment Official document
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[2025] NZTT 5174451
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 76 C [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at 76 C [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on Tuesday 15th April 2025.
2. [NAME] must pay [COMPANY] $1,832.00 immediately, being rent arrears to 5pm Tuesday 15th April 2025.
Description Landlord Tenant Rent arrears $1,832.00 Total award $1,832.00 Total payable by Tenant to Landlord $1,832.00
Reasons:
1. The tenant failed to make herself available. Whilst she does not have a current phone number, I am advised that a note was left on her door advising that she could use the phone of a satellite office and she failed to engage.
2. The landlord has applied for termination of the tenancy, and rent arrears.
3. 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.
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4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
[NAME]
15 April 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 failed to engage with the tribunal despite being advised how to communicate.
- Rent was at least 21 days in arrears when the landlord filed the application.
- The landlord provided rent records proving the amount of rent owed.
❌ Tends to be rejected
- The tenant did not have a current phone number to receive communications.
- The tenant did not respond to the note left on her door advising how to communicate.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay rent arrears.
What was the dispute about?
The dispute was about terminating the tenancy due to unpaid rent and the tenant's lack of engagement.
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 did not engage with the tribunal.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was that the rent was significantly overdue and the tenant did not respond to the tribunal's attempts to communicate.
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 could face termination of their tenancy if they fail to pay rent on time and do not engage with the tribunal.
What evidence or documents mattered?
The evidence included rent records proving the amount owing at the end of the tenancy.