Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they didn't pay their rent on time. The tenant was told to pay back the rent, water bills, and the filing fees.
⚖️ Legal holding
A tenant must pay rent arrears and other outstanding debts when the tenancy is terminated due to non-payment.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was submitted. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant was ordered to pay outstanding debts.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and ordered the tenant to pay outstanding debts including rent, water rates, and filing fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5244093 1
[2025] NZTT 5244093, 5154471
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COMPANY], at 11.59 pm, Tuesday, 03 June 2025.
2. The Bond Centre is to pay the bond of $1,840.00 (3260344-012) to [COMPANY] As Agent For [COMPANY] immediately.
3. [NAME] must pay [COMPANY] As Agent For [COMPANY] $5,872.92 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 03 June 2025) $6,060.00 Water rates $1,625.92 Filing fee reimbursement $27.00 Total award $7,712.92 Bond $1,840.00 Total payable by Tenant to Landlord $5,872.92
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Reasons:
1. [NAME] attended the hearing on behalf of the landlord via teleconference
2. [NAME] did not attend the hearing. I tried to reach her using three different cell numbers, but was unsuccessful. I attempted twice with the most recent number ending in 8318, also without success.
3. The landlord has applied for termination of the tenancy, rent arrears, water arrears and refund of the bond.
4. 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.
5. The landlord provided rent and water records which prove the amount owing at the end of the tenancy.
Filing fee
6. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
03 June 2025
__________________________________________________________________________________ 5244093 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/
__________________________________________________________________________________ 5244093 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 tenant did not attend the hearing.
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent and water records proving the amount owing.
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 outstanding debts.
What was the dispute about?
The dispute was about unpaid rent and other charges.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed.
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 argument that mattered most was that the rent was at least 21 days in arrears when the application was filed.
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 should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The evidence included rent and water records showing the amount owing at the end of the tenancy.