Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant owed rent that was over 21 days late. The tenant did not show up to argue against the termination.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage or assault.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding 21 days. The landlord provided proof of the arrears, and the tenant did not appear to contest the claim.
📚 Full judgment Official document
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[2026] NZTT 5446613
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the [The landlord/s] name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 2 pm, Tuesday, 16 June 2026.
3. The [COMPANY] is to pay the bond of $2,480.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $6,850.86 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 16 June 2026 $9,302.86 Filing fee reimbursement $28.00 Total award $9,330.86 Bond $2,480.00 Total payable by Tenant to Landlord $6,850.86
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Reasons:
1. The hearing was held via video conference.
2. [The [NAME] manager] appeared on behalf of the landlord via teleconference.
3. [NAME], the tenant, did not appear. I attempted to contact her using her mobile numbers ending in 4796 twice, but was unsuccessful.
4. [NAME] did not contact the Registry to explain why she could not attend or to seek an adjournment. I proceeded with the hearing in her absence.
5. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
6. 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.
7. The landlord provided rent records that prove the amount owing at the end of the tenancy, which is 16 June 2026, rather than the weekly rent cycle ending 18 June 2026. The rent arrears were adjusted to reflect the rent owing as of today.
Filing fee
8. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 16 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or [NAME] 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 [NAME].
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 at least 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The tenant did not appear or provide any explanation for their absence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant owed rent that was over 21 days late.
What was the dispute about?
The landlord claimed that the tenant owed rent that was over 21 days late, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was over 21 days late, and the tenant did not appear to contest the claim.
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 the proof of rent arrears exceeding 21 days.
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 owe rent that is over 21 days late.
What evidence or documents mattered?
The evidence that mattered was the rent records showing the arrears exceeding 21 days.