Tenancy Terminated Due to Unpaid Rent Over 21 Days
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay rent for over 21 days. The landlord got the rental property back and the tenant had to pay the outstanding rent and bond.
⚖️ Legal holding
A tenant who fails to pay rent for over 21 days can have their tenancy terminated.
📖 What the law says
This rule 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 allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule states that if a party is properly notified of a hearing but does not attend, the Tribunal can still proceed to hear and decide the case, or dismiss or postpone it, even without that party present.
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 a tenant who failed to pay rent for over 21 days, granting possession to the landlord and ordering the tenant to pay rent arrears and bond.
📚 Full judgment Official document
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[2025] NZTT 5156373
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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 [NAME] and [NAME], at 11:59pm today, Friday 7 March 2025.
2. The [COMPANY] is to pay the bond of $560.00 (6144927-006) to [NAME] and [NAME] immediately.
3. [NAME] must pay [NAME] and [NAME] $9,217.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7/3/25 $9,750.00 Filing fee reimbursement $27.00 Total award $9,777.00 Bond $560.00 Total payable by Tenant to Landlord $9,217.00
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Reasons:
1. The landlord attended the hearing.
2. The tenant did not attend and did not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed and is well in excess of that now. Accordingly, the tenancy is terminated. See section 55(1)(a) RTA.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond is to be paid to the landlord in part payment of this debt.
6. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
K Lash
07 March 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 attended the hearing to present their case.
- The tenant failed to attend the hearing or answer calls, so the hearing proceeded without them.
- The rent was overdue by more than 21 days when the application was filed, justifying tenancy termination.
- The landlord provided rent records that proved the amount of money owed.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
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 had to pay rent arrears and the bond to the landlord.
What was the dispute about?
The landlord claimed the tenant owed rent arrears and wanted the tenancy terminated.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 92 were applied.
What was the argument that mattered most?
The fact that the tenant failed to pay rent for over 21 days was the most important argument.
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 who fails to pay rent for over 21 days can have their tenancy terminated by the Tenancy Tribunal.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing at the end of the tenancy.