Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who did not pay rent for over 21 days. The landlord successfully proved the rent arrears and the tenant did not attend the hearing.
⚖️ Legal holding
A tenant who fails to pay rent for at least 21 days is subject to tenancy termination.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the tenant owes at least 21 days of rent by the time the landlord applies to the Tribunal. It also covers situations where a tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the bond was refunded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to persistent rent arrears and ordered the refund of the bond to the landlord. The landlord provided proof of the rent arrears, and the tenant failed to join the hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5190932 1
[2025] NZTT 5190932
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] As Agent For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] [NAME] As Agent For [NAME], at 5pm Monday 19 May 2025.
2. The Bond Centre is to pay the bond of $2,080.00 (BN-00048042) to [COMPANY] [NAME] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $2,817.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 19 May 2025. $4,870.00 Filing fee reimbursement $27.00 Total award $4,897.00 Bond $2,080.00 Total payable by Tenant to Landlord $2,817.00
__________________________________________________________________________________ 5190932 2
Reasons:
1. The landlord attended the hearing, conducted via video. The tenants failed to join the video conference as scheduled. A call out to the tenants went unanswered. I was satisfied adequate service had completed and I continued with the hearing.
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 provided rent records which prove the amount owing at the end of the tenancy is as ordered.
5. The rent summary showed, after a first 2025 quarter of little rent payment, payments since, albeit typically $20 less than the weekly rent due. As the rent arrears have continued to increase since the application and the tenants have failed to engage with the landlord or the Tribunal, I have no grounds to decline the application for termination.
Filing fee
6. [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
16 May 2025
__________________________________________________________________________________ 5190932 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/
__________________________________________________________________________________ 5190932 4
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.
- The landlord provided rent records showing the amount owed.
- The tenants failed to join the video conference as scheduled.
- The tenants did not engage with the landlord or the Tribunal.
❌ Tends to be rejected
- The tenants' failure to pay full rent was offset by partial payments.
- The tenants' non-appearance was considered irrelevant to the decision.
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 landlord was awarded rent arrears and the bond was refunded.
What was the dispute about?
The dispute was about unpaid rent leading to termination of the tenancy.
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 and did not attend the hearing.
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 most important argument was the proof of rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
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 termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered.