Tenancy Terminated Due to Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the rent was over 21 days late. The landlord showed proof of the overdue rent, and the tenant didn't show up to the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes damage or threatens the landlord.
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 the tenant due to rent arrears exceeding 21 days. The landlord provided proof of arrears, and the tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5117533
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Hutt Central, Lower Hutt 5010
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], Hutt Central, Lower Hutt 5010 is terminated, and possession is granted to [COMPANY] [NAME] As Agent For [NAME], at 11.59pm, Sunday 9 March 2025.
2. The Bond Centre is to pay the bond of $2,540.00 (6408316-015) to [COMPANY] [NAME] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $5,897.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 February 2025 $8,410.00 Filing fee reimbursement $27.00 Total award $8,437.00 Bond $2,540.00 Total payable by Tenant to Landlord $5,897.00
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Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by calling the two phone numbers available. The calls were unanswered.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. 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.
4. The landlord provided rent records which prove the amount owing at the date of hearing. The bond is released to reduce the rent arrears owed.
5. [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
N Walker
27 February 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
- Rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The tenant did not attend the hearing.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for the arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the rent was over 21 days late.
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 attend the hearing.
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 that the rent was over 21 days late, as proven by the landlord.
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 could have their tenancy terminated if they are over 21 days late on rent payments.
What evidence or documents mattered?
The evidence that mattered was the rent records provided by the landlord showing the arrears.