Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent arrears and did not comply with a rent increase notified by the landlord.
⚖️ Legal holding
A tenant must pay rent arrears and comply with rent increases notified by the landlord.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears and compliance with rent increase notifications provided by the landlord.
📚 Full judgment Official document
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[2026] NZTT 5509929
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
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 Tuesday 16 June 2026.
2. The [COMPANY] is to pay the bond of $2,560.00 (3271480-006) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $1,948.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 16 June 2026 $4,480.00 Filing fee reimbursement $28.00 Total award $4,508.00 Bond $2,560.00 Total payable by Tenant to Landlord $1,948.00
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Reasons:
1. Both parties attended the hearing by telephone.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed and continues to be in significant arrears. The last payment of rent was $1,280.00 on 21 April 2026 which took the rent to 28 April 2026.
4. Given these arrears, I must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing as at today’s date - $4,480.00.
6. I note that at the hearing the tenant advised that she was not aware that the rent had gone up from $630.00 per week to $640.00 per week, effective 25 March 2026.
7. However, I accept the evidence showing that the landlord had advised the tenant of the rent increase on 20 January 2026, and that the tenant had responded to this email, requesting that the landlord send another email which reflected the $20.00 weekly amount that she was paying for water, so that this document could be provided to [NAME].
8. I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful with this claim against her.
C ter Haar
16 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 landlord proved that rent was at least 21 days in arrears.
- The landlord provided evidence of the rent increase notification.
- The tenant acknowledged receiving a notification about the rent increase.
❌ Tends to be rejected
- The tenant claimed unawareness of the rent increase despite acknowledging receipt of the notification.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and their non-compliance with a rent increase.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had significant rent arrears and did not comply with the rent increase notified by the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the significant rent arrears and the tenant's non-compliance with the rent increase.
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?
For someone in a similar situation, it means that failing to pay rent arrears and not complying with a rent increase can lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and emails confirming the notification of the rent increase.