Tenancy Terminated for Persistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who had not paid rent on time. The tenant was ordered to pay $657.71, which included rent arrears and filing fees. The tenant did not attend the hearing and had not remedied the breaches within the required period.
⚖️ Legal holding
A tenant must remedy breaches of their obligations within the required period or face termination of their tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. For breaches that can be fixed, the other party must first be given a notice explaining the problem and at least 10 working days to fix it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to rent arrears and ordered the tenant to pay outstanding rent and fees.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to persistent rent arrears and ordered the tenant to pay $657.71, including rent arrears and filing fees. The tenant failed to remedy the breaches within the required period and did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5071909
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59pm on Wednesday 26 February 2025.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $657.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 26 February 2025 $630.71 Filing fee reimbursement $27.00 Total award $657.71 Total payable by Tenant to Landlord $657.71
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Reasons:
1. This application was scheduled to be heard by video conference. [NAME] did not link to the Teams link provided for him. I twice rang two numbers provided for [NAME], the first of which did not go through and the second which went to voicemail. The hearing therefore proceeded in his absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, compensation for damage to the floor and reimbursement of the filing fee.
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 as and when it fell due.
6. The landlord served a 14-day notice on the tenant on 1 November 2024, 15 November 2024 and 16 January 2025, and the tenant did not remedy the breaches within the required period.
7. It would be inequitable to refuse to terminate the tenancy because [NAME] has continued to be in rent arrears and he did not attend today’s hearing to come to any kind of arrangement regarding these arrears.
8. I note that at today’s hearing the landlord advised that if [NAME] continues to pay $35.00 over and above his weekly rent of $415.00 each week, then they would be unlikely to enforce this termination order if these payments continue until the arrears are paid in full.
How much does the tenant owe?
9. The rent record shows that as at today’s date [NAME] owes $630.71 in rent arrears. This includes $450.00 paid on 24 February 2025.
10. He is also required to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him.
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Kitchen floor
11. At today’s hearing the landlord withdrew this part of their application because they did not have all the evidence to hand to support it.
12. They can of course reapply for this compensation at a later date.
[NAME]
26 February 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 as it became due.
- The landlord served multiple 14-day notices, and the tenant failed to remedy the breaches.
- The tenant did not attend the hearing and make arrangements to address the rent arrears.
❌ Tends to be rejected
- The tenant did not provide any explanation or remedy for the rent arrears within the required period.
- The tenant did not offer any counterarguments or solutions during the hearing.
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 ordered the tenant to pay $657.71, including rent arrears and filing fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time and the resulting rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not remedy the breaches within the required period and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 56(1) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not remedied the breaches within the required period and had not attended the hearing.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they remedy any breaches of their obligations within the required period and attend any hearings.
What evidence or documents mattered?
The evidence that mattered included the rent records showing the arrears and the notices served by the landlord.