Tenancy Terminated Due to Significant Rent Arrears
📌 In brief
The Tenancy Tribunal at Tauranga ended the tenancy of a tenant because they had significant rent arrears. The landlord showed proof of these arrears, leading to the termination of the tenancy and an order for the tenant to pay the outstanding rent.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent remains significantly in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal at Tauranga terminated the tenancy of the tenant due to significant rent arrears. The landlord provided proof of the arrears, leading to the termination of the tenancy and an order for the tenant to pay outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5223251
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11.59pm on Wednesday 16 April 2025.
2. [NAME] must pay [COMPANY] $1,513.42 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 16 April 2025 $1,513.42 Total award $1,513.42 Total payable by Tenant to Landlord $1,513.42
Reasons:
1. This application was scheduled to be heard by telephone. I rang the tenant twice and both times my call went to voicemail. The hearing proceeded in her absence.
2. The landlord has applied for termination of the tenancy and rent arrears.
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3. Rent was at least 21 days in arrears on the date the application was filed and continues to be in significant arrears. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which proves the amount owing as at today’s date - $1,513.42 - this includes the last payment of $159.00 0n 12 April 2025.
5. The landlord has also applied for suppression of the tenant’s name in order not to hinder her chances of obtaining rental accommodation in the future.
6. Section 95A of the Residential Tenancies Act 1986 provides that:
(1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
7. I am not allowing the application for suppression. I have weighed up the interests of both future landlords and the tenant and have decided that future landlords ought to have the benefit of knowing previous rental histories. I have taken into account the fact that the tenant did not attend the hearing and so did not herself pursue the issue of suppression.
C ter Haar
16 April 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 was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owing.
- The tribunal considered the public interest in knowing tenants' previous rental histories.
❌ Tends to be rejected
- The tenant's name was not suppressed to protect her chances of obtaining rental accommodation in the future.
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 outstanding rent.
What was the dispute about?
The dispute was about whether the tenant's significant rent arrears justified terminating their tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was significantly in arrears, as proven by the landlord's records.
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 the significant rent arrears proven by the landlord's records.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone with significant rent arrears could face termination of their tenancy and an order to pay outstanding rent.
What evidence or documents mattered?
The landlord provided rent records showing significant arrears.