Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears and failure to remedy breaches despite receiving multiple notices. The decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to a termination of their tenancy if they fail to remedy rent arrears despite receiving multiple notices.
📖 What the law says
This rule states that a Tenancy Tribunal must 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 or threatened significant damage to the property, or assaulted the landlord or their family/agent.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem could have been fixed, the other party must have been given a notice to fix it within at least 10 working days, and then failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to persistent rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears and failure to remedy breaches despite receiving multiple notices. The decision was based on the Residential Tenancies Act 1986, sections 55(1)(a) and 56.
📚 Full judgment Official document
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[2025] NZTT 5213952
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 11.59pm on Sunday the 1 June 2025.
2. The Bond Centre is to pay the bond of $1,277.00 (5638873-012) to [COMPANY] immediately.
3. The balance of the bond $123.00 is to remain in the Bond Centre
Description Landlord Tenant Rent arrears to 1 June 2025 $1,250.00 Filing fee reimbursement $27.00 Total award $1,277.00 Bond $1,277.00
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Reasons:
1. [NAME] attended the hearing for the landlord. The tenant was called twice on the telephone numbers in the application but both calls went to answerphone. As I am satisfied that the tenant was informed about today’s hearing, I have proceeded in his absence.
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 on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord also gave the tenant a 14-day notice (section 56 RTA) to remedy the rent arrears on the 21 March 2025, the tenant made attempts to pay some of the rent arrears, but did not remedy the breach. Since that time the tenant has failed to pay rent on time and has missed rent payments.
5. As at today’s date the tenant owes $900 in rent. The landlord has allowed the tenant until next Sunday to vacate the property, which should give the tenant sufficient time to clean the property and remove his belongings. This is to avoid the tenant incurring any further costs.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
7. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
T Prowse
26 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 tenant owed $900 in rent arrears.
- The landlord provided proof of rent arrears through rent records.
- The tenant received multiple notices regarding the rent arrears.
- The tenant attempted to pay some of the rent arrears but did not fully remedy the breach.
❌ Tends to be rejected
- The tenant did not fully address the rent arrears despite receiving notices.
- The tenant did not provide sufficient evidence to dispute the rent arrears claim.
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 tenancy of a tenant due to persistent rent arrears.
What was the dispute about?
The dispute was about whether the tenant should be evicted for failing to pay rent on time and remedy rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to remedy rent arrears despite receiving multiple notices.
Which laws or rules were applied?
Sections 55(1)(a) and 56 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was that the tenant had received multiple notices to remedy rent arrears but failed to do so.
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 rent on time and respond to notices to remedy breaches.
What evidence or documents mattered?
The evidence included rent records proving the amount owing at the end of the tenancy.