Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the rent arrears exceeded 21 days. The decision was based on sections 55 and 56 of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent arrears exceed 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days, as per sections 55 and 56 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5197371
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] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COMPANY], at 11:59pm on Monday 19 May 2025.
2. [NAME] and [NAME] must pay [COMPANY] As Agent For [COMPANY] $1,525.57 immediately, calculated as shown in the table below:
3. The Bond Centre is to pay the bond of $2,240.00 (6407357-002) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 19.5.2025 $3,738.57 Filing fee reimbursement $27.00 Total award $3,765.57 Bond $2,240.00 Total payable by Tenant to Landlord $1,525.57
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Reasons:
1. [NAME], representing the landlord, and [NAME], representing both tenants, both attended the video/teleconference hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and refund of the filing fee.
Should the tenancy be terminated?
3. The landlord applied to terminate the tenancy pursuant to sections 55 and 56 of the Residential Tenancies Act 1986 (“RTA”).
4. The landlord provided rent records with their application dated 13 March 2025, which showed that rent arrears to 13 March 2025 was $1,041.43. Weekly rent is $590.00. Therefore, rent was not 21 days in arrears on the date the application was filed.
5. The landlord provided updated rent records for the hearing which prove the amount owing to 12 May 2025, the date of the hearing, is $3,148.57.
6. The landlord issued a 14-day notice to the tenant dated 11 March 2025, which was not remedied by 25 March 2025, the expiry date of that notice. The landlord claimed the tenant had breached an agreement to pay rent, pursuant to section 56 RTA.
7. Section 56(2) RTA provides that, where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.
8. As rent was more than 21 days in arrears at the date of hearing on 12 May 2025, then pursuant to sections 56(2) and 55 RTA, the tenancy is terminated.
How much rent is payable?
9. The landlord’s rent records proved that the amount owing by the tenant for rent to 12 May 2025 is $3,148.57. As weekly rent is $590.00, a further one week’s rent is payable from 13 May 2025 to 19 May 2025. Therefore, the tenant owes the landlord a total of $3,738.57 in rent to 19 May 2025, which is the end of the tenancy.
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Refund of the bond
10. The Bond Centre is to pay the bond of $2,240.00 (6407357-002) to [COMPANY] As Agent For [COMPANY] immediately.
Filing fee
11. [COMPANY] As Agent For [COMPANY] has been successful with the claim I must reimburse the filing fee.
C Price
12 May 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 landlord proved that the rent was more than 21 days overdue at the time of the hearing.
- The landlord provided updated rent records that showed the amount owed up to the hearing date.
- The landlord had issued a 14-day notice to the tenant, which the tenant did not fix by the deadline.
- The landlord was successful with their claim, so the filing fee was reimbursed.
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 rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent exceeding 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears exceeded 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent arrears exceeded 21 days, allowing for the termination of the tenancy.
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?
For someone in a similar situation, if rent arrears exceed 21 days, the tenancy can be terminated.
What evidence or documents mattered?
Updated rent records showing the amount owing to the date of the hearing mattered.