Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal at Whangarei terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord was awarded the bond and outstanding rent arrears.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if rent is more than 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. 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.
📜 Headnote Official document
The Tenancy Tribunal at Whangarei terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord was awarded the bond and outstanding rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5186454
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 3/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at 3/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] immediately.
2. The Bond Centre is to pay the bond of $312.00 (6497347-005) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $633.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 30 April 2025 $918.29 Filing fee reimbursement $27.00 Total award $945.29 Bond $312.00 Total payable by Tenant to Landlord $633.29
Reasons:
1. The application seeks termination of the tenancy and rent arrears.
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2. The hearing took place today, 30 April 2025. [NAME] represented the landlord. There was no appearance by the tenant. [NAME] understands that the tenant is now living in Auckland.
3. The landlord’s rent record establishes rent arrears of $918.29 to today’s date.
4. The rent was more than 21-days in arrears when the application was filed.
5. The landlord is entitled to an order for immediate termination of the tenancy.1
6. The landlord has been successful in this application and I must also award the landlord the filing fee of $27.00.2
7. The bond will be released to the landlord.
N Blake
30 April 2025
1 Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) 2 Section 102(4)(a) RTA
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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 was more than 21 days in arrears.
- The landlord provided a clear rent record showing the arrears amount.
- The landlord requested termination of the tenancy due to rent arrears.
- The landlord was awarded the filing fee of $27.00.
- The bond was released to the landlord.
❌ Tends to be rejected
- The tenant did not appear to contest the application.
- The tenant did not provide any evidence to dispute the rent arrears claim.
- The tenant did not request a rehearing or appeal the decision.
- The tenant did not offer any alternative solutions or compromises.
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 arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than 21 days in arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 102(4)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was more than 21 days in arrears.
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 have rent arrears exceeding 21 days.
What evidence or documents mattered?
The landlord's rent record showing rent arrears was the key evidence.