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AllowedTenancy Tribunal·

Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000

Case No. [2026] NZTT 5487710 · Adjudicator R Harvey-Lane

📌 In brief

A tenant's lease was ended by the Tenancy Tribunal because of substantial unpaid rent. The court gave the property back to the landlord and required the tenant to pay over $7,000 in arrears and other costs.

⚖️ Legal holding

A tenant's tenancy can be terminated if there are significant rent arrears exceeding 21 days when the application is filed.

Topics

tenancy terminationrent arrears

Provisions

📖 Technical summary

The tenancy of a tenant was terminated due to rent arrears and possession granted to the landlord.

📜 Headnote Official document

The Tenancy Tribunal terminated the tenancy of a tenant due to significant rent arrears exceeding 21 days when the application was filed. The tribunal granted possession to the landlord and ordered the tenant to pay $7,586.34.

📚 Full judgment Official document

OUTCOME: Allowed

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[2026] NZTT 5487710

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

2. The tenancy of [RESPONDENT] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 4 June 2026.

3. [RESPONDENT] must pay [The landlord/s] $7,586.34 immediately, as calculated in the table below:

Description Landlord Tenant Rent arrears to 4 June 2026 $9,630.00 Water rates to 1 May 2026 $468.34 Filing fee reimbursement $28.00 Total award $10,126.34 Bond $2,540.00 Total payable by Tenant to Landlord $7,586.34

4. [COMPANY] is to pay the bond of $2,540.00 ([Bond number suppressed])

to [The landlord/s] immediately.

Reasons:

1. The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.

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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 (RTA).

4. The landlord provided rent and water records that prove the amounts owing of $9,630.00 for rent through to 4 June 2026 and $468.34 for water rates through to 1 May 2026.

5. Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee.

R [NAME] 04 June 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • Tenant has significant rent arrears exceeding 21 days when application is filed.
  • Tenant stopped paying rent and abandoned the property.
  • Tenant did not comply with rental agreements regarding timely payment of rent.
  • Tenant was found liable for outstanding rent arrears in a Tenancy Tribunal hearing.
  • Landlord entitled to terminate tenancy if there are no substantial wrong or miscarriage of justice.

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 significant rent arrears.

Who was involved?

A tenant and a landlord were involved.

How did the court decide, and why?

The court decided in favour of the landlord because the tenant had not attended the hearing and there was evidence of substantial unpaid rent.

Which laws or rules were applied?

Section 54 of the Residential Tenancies Act 1986 was applied.

What was the argument that mattered most?

The landlord's proof of significant rent arrears over 21 days when the application was filed.

Was the decision for or against the person who brought the case?

It was in favour of the landlord.

What does this mean for someone in a similar situation?

If you are behind on rent, it is important to address the issue promptly to avoid termination of your tenancy.

What evidence or documents mattered?

Rent and water records were crucial in proving the amount owed.

Can a decision like this be appealed?

Yes, both parties can appeal within 10 working days using specific forms.

Is it worth getting a lawyer for a case like this?

It is recommended to seek legal advice from a qualified lawyer for such cases.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.