Tenancy Terminated for Persistent Rent Arrears

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[2025] NZTT 5167945

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY]- [NAME], at midnight on Sunday 11 May 2025 subject to the following:

a. The tenant is to pay current weekly rent of $600.00 for the remaining period of the tenancy on time.

b. If the tenant fails to pay rent when it falls due the tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

2. [NAME] must pay [COMPANY]- [NAME] $948.43 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 14/04/2025 $921.43 Filing fee reimbursement $27.00 Total award $948.43 Total payable by Tenant to Landlord $948.43

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Reasons:

1. Both parties attended the hearing which was held by teleconference.

2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

5. The tenant has breached their obligations by failing to pay rent when it fell due.

6. The landlord served a 14-day notice on the tenant on 1 November 2024, and the tenant did not remedy the breach within the required period.

7. It would be inequitable to refuse to terminate the tenancy because:

• As at the date of the hearing, the rent arrears remain unpaid in the sum of $921.43.

• The landlord submitted a full rent summary in support of the claim and confirmed that the tenant has a history of rent arrears. Evidence was provided that a previous application to the Tribunal (Application 4780219) resulted in a termination order being granted. However, on that occasion the tenant paid the debt in full, and the landlord agreed to allow the tenant to remain in the property.

• Since then, the landlord has issued further breach notices for unpaid rent, none of which have been remedied within the required timeframe. The landlord advised that there has been a continued pattern of arrears throughout the tenancy, and while there had been previous efforts at resolution through mediation and Tribunal processes, the situation has not improved.

8. As such, the statutory grounds for termination have been met.

9. Although the tenant expressed a wish to remain in the tenancy and acknowledged the landlord’s position, she did not present any concrete proposal or evidence that would enable the Tribunal to conclude the situation will improve or that a further breach would not recur. The landlord, in turn, has offered a generous extension of time, allowing the tenant to remain until

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midnight on Sunday 11 May 2025, provided rent is paid in full and on time during this period.

10. The Tribunal acknowledges that termination of a tenancy can create hardship for tenants, particularly where alternative housing arrangements are not yet been secured. The tenant is encouraged to seek assistance from the Ministry of Social Development (MSD), which may be able to help with emergency housing, transitional accommodation, or financial support. The tenant can contact Work and Income on [PHONE] or visit their local office. Additional advice and support can also be obtained through the Citizens Advice Bureau ([PHONE]) or Community Law Centres, which can assist with housing and legal matters.

11. As the landlord has been wholly successful in the application, I must order the tenant to reimburse the filing fee.

[NAME]

14 April 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: