Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid their rent for over 21 days. The tenant was told to pay the landlord the amount owed immediately.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent remains at least 21 days in arrears.
📖 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 a tenant has caused significant damage to the property or has 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 rent arrears, and the tenant was ordered to pay the landlord the outstanding rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears and ordered the tenant to pay the landlord the outstanding rent. The tenant did not appear at the hearing and failed to provide any reason for their absence.
📚 Full judgment Official document
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[2026] NZTT 5514431
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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 [COMPANY], at 11.59 pm, Wednesday, 17 June 2026.
2. [NAME] must pay [COMPANY] $773.74 immediately, being rent arrears to 17 June 2026.
Description Landlord Rent arrears to 17 June 2026 $745.74 Filing fee reimbursement $28.00 Total award $773.74 Total payable by Tenant to Landlord $773.74
Reasons:
1. The hearing was conducted via video conference.
2. [NAME] appeared for the landlord.
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3. The tenant, [NAME], did not appear. She did not notify the Registry of any reason for her absence or seek an adjournment.
4. [NAME] advised that a colleague had spoken with the tenant on 11 June 2026. During that conversation, the tenant acknowledged that she was aware of the hearing and was reminded that she was required to attend.
5. I attempted to contact the tenant during the hearing using the cell phone numbers ending in 8113 and 3891, but those attempts were unsuccessful.
6. The hearing proceeded in the tenant’s absence.
7. The landlord has applied for termination of the tenancy, and rent arrears.
8. 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.
9. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee
10. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
17 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's application for tenancy termination was accepted because the rent was overdue by at least 21 days when the application was filed.
- The landlord provided records that proved the amount of rent owed by the tenant.
- The landlord was reimbursed for the filing fee because their claim was entirely successful.
- The tenant was aware of the hearing but did not attend or provide a reason for their absence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy and ordered the tenant to pay the landlord the outstanding rent.
What was the dispute about?
The dispute was about unpaid rent that was at least 21 days overdue.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was in arrears and the tenant did not appear at the hearing to contest the claim.
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 argument that mattered most was that the rent was at least 21 days in arrears, which allowed the landlord to terminate the tenancy.
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 should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The landlord provided rent records proving the amount of rent owed at the end of the tenancy.