Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant had not paid rent for over 21 days, following the rules set by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant whose rent arrears exceed 21 days is subject to termination of their tenancy.
📖 Technical summary
The tenancy was terminated due to rent arrears under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding 21 days, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5242651
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] of [ADDRESS], Pataruru is terminated as of 9:00am on 8 May 2025, and possession is returned to [COMPANY] As Agent For [NAME] on that day and time.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $1,107.00 immediately, calculated as shown in table below.
3. The [COMPANY] is to pay the bond of $2,160.00 (6429729-003) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Rent arrears as at end of tenancy $3,240.00 Filing fee reimbursement $27.00 Total award $3,267.00 Minus bond -
$2,160.00 Total payable by Tenant to Landlord $1,107.00
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Reasons:
1. The landlord has applied for orders terminating the tenancy due to rent arrears, and for the payment of the arrears.
2. I convened a telephone hearing today. There was no attendance by the tenant when I phoned the tenant on the number available, but the tenant’s sister was recorded as an emergency contact and did attend by phone. The tenant’s sister explained why the tenant was unable to attend the hearing, which I accept.
3. Ultimately the landlord advised that the rent arrears owing as of today (6 May 2025) is $3162.86, which is about six weeks of arrears.
4. Section 55 of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal “shall” terminate the tenancy when the rent arrears are more than 21 days in arrears. Given the level of the arrears, the tenancy is terminated.
5. The tenant’s sister explained that they were in the process of collecting the tenant’s goods from the premises, and that will be completed tomorrow. That being the case I have ordered the arrears calculated as of 7 May 2025, and terminated the tenancy as of 9:00am on 8 May 2025.
6. The bond is to be released to offset the rent arrears.
7. Because the landlord has been successful, the tenant must pay the filing fee.
[NAME] 06 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 rent arrears exceeded 21 days, triggering mandatory termination.
- The tenant's sister provided a reasonable explanation for non-attendance.
- The landlord provided accurate details of the rent arrears.
❌ Tends to be rejected
- The tenant did not attend the hearing to contest the termination.
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 tenant's unpaid rent justified ending the tenancy.
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?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent arrears exceeded 21 days, leading to 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?
Someone in a similar situation might face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The evidence included the amount of rent arrears and the length of time the rent was overdue.