Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant consistently failed to pay rent on time. The decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated for persistent rent arrears under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late 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 rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears, applying section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5242611
TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS] 2, Kutarere, Waiotahe Valley 3198
ORDER
1. The tenancy of [NAME] at [ADDRESS] 2, Kutarere, Waiotahe Valley 3198 is terminated, and possession is granted to [COMPANY], at midnight on 27 May 2025.
2. The [COMPANY] is to pay the bond of $2,000.00 (BN-00006084) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $2,455.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 27 May 2025 $4,428.57 Filing fee reimbursement $27.00 Total award $4,455.57 Bond $2,000.00 Total payable by Tenant to Landlord $2,455.57
Reasons:
1. The landlord attended the telephone hearing today. Calls to the tenant did not go through. The tenant was notified of the hearing.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears when the application was filed on 22 April 2025. The arrears have increased since then. It is appropriate to terminate the tenancy pursuant to section 55(1)(a) of the Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. I note that the landlord also applied for termination for abandonment. The landlord first realised that the tenant had vacated the property on 13 May 2025, when the tenant sent an email saying she had moved out 4 weeks ago. The landlord said she visited the property after the Tenancy Services mediation, and it looked like the tenant had vacated. Rather than make a finding about abandonment on limited information, the tenancy is terminated today for rent arrears.
6. The landlord’s application has succeeded. The landlord must be awarded the filing fee.
[NAME]
27 May 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 proved that rent was at least 21 days in arrears when the application was filed.
- The landlord showed that the rent arrears had increased since the application was filed.
- The landlord provided rent records proving the amount owing at the end of the tenancy.
❌ Tends to be rejected
- The tenant's email stating they had moved out four weeks ago was not sufficient evidence for abandonment.
- The landlord's claim of abandonment was based on limited information and thus not considered as a reason for termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because of persistent rent arrears.
What was the dispute about?
The dispute was over whether the tenancy should be terminated due to unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days overdue when the application was filed, and the arrears had increased since then.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was persistently in arrears, meeting the criteria for termination under the Act.
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 might face termination of their tenancy if they fail to pay rent on time.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent owing at the end of the tenancy.