Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent for over 21 days. The landlord was given possession of the property and was awarded compensation for the unpaid rent and filing fees.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days entitles the landlord to terminate the tenancy.
📖 What the law says
This rule states that a Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days late when the application was made. It also allows termination if the tenant has caused or threatened 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 persistent rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to persistent rent arrears and awarded the landlord possession and compensation. The tenant failed to attend the hearing and did not respond to calls.
📚 Full judgment Official document
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[2025] NZTT 5125669
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room A, Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room A, Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] - As Agent For [COMPANY], at 5:00pm on Monday 3 March 2025.
2. [NAME] must pay [COMPANY] - As Agent For [COMPANY] $4,255.80 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 3 March 2025 $4,228.80 Filing fee reimbursement $27.00 Total award $4,255.80 Total payable by Tenant to Landlord $4,255.80
Reasons:
1. The landlord attended the hearing. The tenant did not.
2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenant twice on the mobile number provided and got no response.
3. The landlord has applied for termination of the tenancy, possession, rent arrears and reimbursement of the filing fee.
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Should the tenancy be terminated?
4. Rent was at least 21 days in arrears on the date the application was filed, being 8 January 2025. The tenant is still in rent arrears of $4,228.80 and is showing no signs of repaying these arrears or paying her rent when it fall due. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Reimbursement of the filing fee
6. [COMPANY] - As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Pollak
03 March 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 did not pay rent for at least 21 days.
- The landlord provided proof of the rent arrears through rent records.
- The landlord applied for termination of the tenancy and possession of the property.
- The tenant did not attend the hearing despite receiving proper notice.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The tenant did not show any intention to repay the rent arrears or pay future rent.
- The tenant did not respond to calls from the tribunal.
- The tenant did not file for a rehearing or appeal the decision.
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 and grant possession to the landlord, along with compensation for unpaid rent and filing fees.
What was the dispute about?
The dispute was about a tenant who hadn't paid rent for over 21 days, leading the landlord to seek termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days and showed no signs of paying the arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for over 21 days and showed no signs of paying the arrears.
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 have their tenancy terminated if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing at the end of the tenancy.