Tenancy Terminated Due to Significant Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they owed significant back rent. The decision was made under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears on the hearing date.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also covers situations where the tenant has caused or threatened significant damage to the property, or assaulted or threatened 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 the tenant due to significant rent arrears, granting possession to the landlord. The decision was based on sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5132469 1
[2025] NZTT 5132469
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted] For [NAME]
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] As Agent For [NAME], at midnight on Wednesday 26 February 2025.
2. The Bond Centre is to pay the bond of $1,900.00 () to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $2,100.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 26 February 2025 $3,973.57 Filing fee reimbursement $27.00 Total award $4,000.57 Bond $1,900.00 Total payable by Tenant to Landlord $2,100.57
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Reasons:
1. The landlord attended the telephone hearing today. Calls to the tenant went to voicemail.
2. The landlord applied for rent arrears on 14 January 2025. The landlord said the application was amended to include termination for rent arrears on 24 January 2025. There is an email generated by the system on that day, informing the tenant that “additional information” had been added to the application. The email then quoted the landlord’s request to “bypass” the mediation and to “apply for eviction”.
3. The notice of hearing subsequently issued on 3 February 2025 was not updated to include termination.
4. The landlord told me that she emailed the tenant informing her that the landlord was applying for termination. There is an email dated 17 February 2025 in which the landlord states that she has applied for eviction.
5. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy (sections 55 and 56(2) of the Residential Tenancies Act 1986).
6. The rent arrears at the date of application were $1,017.86. As of yesterday, the arrears were $3,430.71. The arrears are therefore significant and equivalent to over 7 week’s rent.
7. The tenant was entitled to notification of the matters to be determined at today’s hearing. Although notice was given, termination was not included in the formal written notice of hearing. I have therefore granted termination in one week’s time. This gives the tenant an opportunity to apply for a rehearing if she believes insufficient notice was given or there has been a miscarriage of justice (see section 105 of the Residential Tenancies Act 1986).
8. The application having succeeded, the landlord is awarded the filing fee.
[NAME]
19 February 2025
__________________________________________________________________________________ 5132469 3
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 on the hearing date.
- The landlord provided evidence of significant rent arrears.
- The landlord applied for termination and notified the tenant via email.
❌ Tends to be rejected
- The notice of hearing did not formally include termination.
- The tenant was not explicitly informed of the termination in the formal written notice of hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears.
What was the dispute about?
The dispute was about whether the tenant's arrears were significant enough to warrant termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears were significant and equated to over seven weeks' rent.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent arrears were significant and equated to over seven weeks' rent.
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 might face termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered was the amount of rent arrears and the dates of the arrears.