Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent three times within 90 days, despite receiving written notices.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to pay rent three times within a 90-day period despite written notices.
📖 Technical summary
The tenancy was terminated due to repeated rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated rent arrears over a 90-day period, following the requirements set out in the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5230231 1
[2025] NZTT 5230231
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 [NAME], at 12.00pm on 15 June 2025.
2. The Bond Centre is to pay the bond of $2,880.00 (5290467-008) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $785.71 immediately, being rent arrears to 27 May 2025.
Description Landlord Tenant Rent arrears $3,665.71 Total award $3,665.71 Bond $2,880.00 Total payable by Tenant to Landlord $785.71
__________________________________________________________________________________ 5230231 2
Reasons:
1. Both parties attended the hearing which was scheduled for a video conference. The Tenant attended by telephone and the Landlord by video with the Owner. The Tenant disconnected the call part way through the hearing. The Tribunal called the Tenant back but the call went to voicemail.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
Should the tenancy be terminated?
3. The Tribunal shall terminate a tenancy where:
a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and
b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and
c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
4. In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
5. The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
6. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
7. As [COMPANY] As Agent For [NAME] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
__________________________________________________________________________________ 5230231 3
A Aiolupotea 27 May 2025
__________________________________________________________________________________ 5230231 4
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/
__________________________________________________________________________________ 5230231 5
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 provided proof of three separate occasions within a 90-day period where rent was at least 5 working days in arrear.
- Written notices were given to the tenant each time rent was overdue, informing them of their rights and the number of previous notices.
- The landlord's application to the Tribunal was made within 28 days of giving the third notice.
❌ Tends to be rejected
- The tenant disconnected the call during the hearing, showing non-compliance with the proceedings.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to repeated rent arrears over a 90-day period.
What was the dispute about?
The dispute was about whether the tenant's repeated failure to pay rent justified terminating their tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent three times within 90 days, despite receiving written notices.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to pay rent three times within 90 days, despite receiving written notices.
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 could face termination of their tenancy if they repeatedly fail to pay rent despite receiving written notices.
What evidence or documents mattered?
The rent records provided by the landlord were the key evidence used in the decision.