Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal at Rotorua ended the tenancy of a tenant because the rent was more than 21 days overdue when the landlord filed the application. The tenant lost the case and had to pay back the rent owed.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears when the application is filed.
📖 What the law says
This section 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 submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent/other occupiers.
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 at Rotorua terminated the tenancy of the respondent due to rent arrears exceeding 21 days when the application was filed. The landlord applied for termination of the tenancy, rent arrears, and refund of the bond. The Tribunal granted possession to the landlord and ordered the respondent to pay the outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5123509
TENANCY TRIBUNAL AT ROTORUA | TE TARAIPIUNARA RETIHANGA KI TE ROTORUA-NUI-A-KAHUMATAMOMOE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], Soho Apartments
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE], Soho Apartments is terminated and possession is granted to [COMPANY] immediately.
2. [NAME] is to pay [COMPANY] $4,241.29 immediately, calculated as follows:
Description Landlord Rent arrears to 6 March 2025 $6,214.29 Application filing fee 27.00 Total award $6,241.29 Minus Bond -$2,200.00 Tenant to Pay $4,241.29
3. The Bond Centre is to pay the full bond of $2,200.00 to [COMPANY] immediately.
Reasons:
1. The Landlord attended the hearing by phone. The Tenant did not answer their phone when called.
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2. The call connection was poor and disconnected at one point. I called the Landlord back. I asked focused questions to illicit evidence which squarely addressed the legal inquiries, and to limit the amount of talking. I apologise to the Property Manager and her colleague if they perceived that I was terse or impolite. I was conscious that the call may drop out again. If parties aim listen to the Adjudicator, often they will find they are being provided with information that will assist them.
3. The Landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
4. Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
5. When the application was amended on 24 March 2024, the rent was more than 21 days in arrears.
6. The rent is also more than 21 days in arrears today.
7. The tenancy is terminated.
8. [COMPANY] As Agent For Irene King & Owilton Biel has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
06 March 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 tenancy was terminated because the rent was more than 21 days in arrears when the application was amended.
- The tenancy was terminated because the rent remained more than 21 days in arrears on the day of the hearing.
- The landlord was reimbursed the application filing fee because they wholly succeeded with their claim.
- The tenant was ordered to pay the landlord $4,241.29 immediately.
- The Bond Centre was ordered to pay the full bond of $2,200.00 to the landlord.
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 the landlord the outstanding rent.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to rent arrears exceeding 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than 21 days overdue when the application was filed.
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 argument that mattered most was that the rent was more than 21 days overdue when the application was filed.
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 should ensure that rent payments are up to date to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered was the calculation of the rent arrears and the fact that the rent was more than 21 days overdue when the application was filed.