Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay rent for over 21 days. The tenant was ordered to pay the landlord $7,341.29.
⚖️ Legal holding
A tenant is entitled to termination of their tenancy if they fail to pay rent for at least 21 days.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was submitted. 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 Tribunal terminated the tenancy due to rent arrears and ordered the tenant to pay the landlord $7,341.29.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears under section 55(1)(a) of the Residential Tenancies Act 1986. The tenant failed to pay rent for over 21 days and was ordered to pay the landlord $7,341.29.
📚 Full judgment Official document
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[2025] NZTT 5220636
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 [COMPANY] ([NAME]), immediately.
2. [NAME] must pay [COMPANY] As Agent For [COMPANY] ([NAME]) $7,341.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 09/05/2025 $7,314.29 Filing fee reimbursement $27.00 Total award $7,341.29 Total payable by Tenant to Landlord $7,341.29
Reasons:
1. A hearing was held on 1 May 2025 by teleconference. The landlord attended the hearing. The Tribunal attempted to contact the tenant using the phone number provided in the application but was unsuccessful. I am satisfied that proper service of the hearing notice was. As no explanation or adjournment request was received from the tenant, and the landlord was present and prepared to proceed, I
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considered it reasonable to continue in the tenant’s absence. The matter was briefly adjourned during the hearing to allow the landlord to provide a copy of the signed tenancy agreement.
2. The landlord has applied to terminate the tenancy on the grounds of rent arrears under section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”). The landlord stated that the tenant entered into a fixed-term tenancy agreement on 10 March 2025, with the tenancy to commence on 7 March 2025 and end on 14 March 2026. The weekly rent was $800.00. Despite signing the agreement, the tenant never took possession of the property and has not paid any rent or bond. The landlord has filed a rent summary showing that no payments have been received.
3. Under contract law principles, which underpin the RTA, a tenancy agreement is a binding contract provided it contains an offer, an acceptance, and agreement on essential terms. A signed tenancy agreement by both parties is clear evidence of an intention to enter into a legal relationship and creates enforceable obligations. I am satisfied, based on the signed tenancy agreement produced by the landlord, that a valid and enforceable tenancy agreement existed between the parties. The agreement set out clear terms, including a fixed duration and weekly rental amount.
4. Although the tenant did not take possession, the agreement was signed and binding. The tenant was therefore contractually obligated to pay rent from the commencement date. The failure to make any rental payments amounts to a breach of the agreement. Under section 55(1)(a) of the RTA, where rent is at least 21 days in arrears, the Tribunal must make an order terminating the tenancy unless exceptional circumstances apply. In this case, there are no exceptional circumstances, and no evidence has been offered by the tenant to justify non- compliance. I am satisfied that the landlord has proven the arrears and is entitled to termination of the tenancy.
5. As the landlord has been wholly successful in their application, the Tribunal is required to order the tenant to reimburse the filing fee.
[NAME]
09 May 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 never took possession of the property and has not paid any rent or bond.
- A valid and enforceable tenancy agreement existed between the parties based on the signed document.
- The tenant's failure to make any rental payments amounts to a breach of the agreement.
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 and ordered the tenant to pay the landlord $7,341.29.
What was the dispute about?
The dispute was about unpaid rent leading to termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 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, which justified termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone who fails to pay rent for over 21 days can expect their tenancy to be terminated and may be ordered to pay outstanding rent.
What evidence or documents mattered?
The signed tenancy agreement and rent summary showing no payments were received mattered.