Tenancy Terminated Due to Significant Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed significant back rent. The tenant tried to postpone the hearing due to a medical condition but was unsuccessful.
⚖️ Legal holding
A tenant is entitled to termination if they are in significant rent arrears.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the tenant's rent is at least 21 days late when the landlord applies to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agent.
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 terminated the tenancy of a tenant due to significant rent arrears, despite the tenant's medical condition preventing attendance at the hearing.
📚 Full judgment Official document
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[2025] NZTT 5159151
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm on Tuesday 25 February 2025.
2. The [COMPANY] is to pay the bond of $3,179.56 (4999656-001) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $1,731.01 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27/02/25 $4,883.57 Filing fee reimbursement $27.00 Total award $4,910.57 Bond $3,179.56 Total payable by Tenant to Landlord $1,731.01
Reasons:
4. The landlord attended the hearing. The tenant did not.
5. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
6. The tenant emailed registry this morning with a doctor’s certificate stating that [NAME] was suffering from concussion and unable to attend the hearing today. This medical certificate was not accompanied by a request for an adjournment by [NAME].
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7. I considered the contents of the medical certificate carefully and asked if [NAME] could arrange to have a support person with him to assist him with the hearing so it could continue as the landlord objected to the garnting of an adjournment on the following grounds:
a. [NAME]’s recidivist rent arrears as at today’s date are significant;
b. There is no defence to the landlord’s claim for termination/possession, under s55(1)(a) of the RTA;
c. If I was to adjourn the hearing, it could be at least a further 2 months before a new hearing could be scheduled, and the owner has confirmed he is under significant financial distress and cannot meet the financial commitments he has for the property without regular rent being paid in full and on time; and
d. If I was to adjourn the hearing, there are no guarantees [NAME]’s concussion symptoms will have gone by the time of the next scheduled hearing.
8. For all the reasons set out in paragraph [8], I declined to grant an adjournment of today’s hearing.
Should the tenancy be terminated?
9. Section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) confirms that the Tribunal shall make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
10. The tenant’s rent was at least 21 days in arrears on the date the application was filed, being 10 February 2025. The tenancy was still in significant arrears as at today. The Tribunal in this matter has no discretion, as it would be unconscionable for it not to terminate the tenancy under these circumstances. The tenant has no defence to a s55(1)(a) of the RTA termination, unless he can prove he was not in at least 21 days rent arrears on 10 February 2025 and that he had paid all his rent arrears, before the12:15pm hearing today.
11. The tenancy is terminated, and possession granted to the landlord.
12. The tenancy ends at 11:59pm today, but because the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until 27 February 2025. This gives the tenant time to move any belongings out of the premise that he wants to retain.
13. The landlord provided rent records which prove the amount owing at the end of the tenancy.
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Reimbursement of the filing fee
14. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
25 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
- The landlord's claim for termination and possession was accepted because the tenant had significant rent arrears.
- The landlord's request to deny an adjournment was accepted because the tenant's rent arrears were significant and recidivist.
- The landlord's request to deny an adjournment was accepted because the property owner was under significant financial distress.
- The landlord's request to deny an adjournment was accepted because there was no guarantee the tenant's concussion symptoms would be gone by a new hearing.
- The landlord was reimbursed the filing fee because they wholly succeeded with their claim.
❌ Tends to be rejected
- The tenant's medical certificate for concussion was not accepted as a reason for adjournment because it was not accompanied by a request for one.
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.
What was the dispute about?
The dispute was about whether the tenant's significant rent arrears justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had significant rent arrears and failed to provide sufficient defense.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was the significance of the tenant's rent 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 with significant rent arrears may face termination of their tenancy.
What evidence or documents mattered?
The rent records showing significant arrears were the key evidence.