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 they owed, plus extra costs like water bills and replacing a smoke alarm.
⚖️ Legal holding
A tenant is required to pay rent arrears and other outstanding debts when the tenancy is terminated.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. 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 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 arrears, water rates, and replacement of a smoke alarm.
📚 Full judgment Official document
__________________________________________________________________________________ 5137909 1
[2025] NZTT 5137909
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Chok
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 Soon Hoon Mildred Chok, today Tuesday 8 April 2025 at 11.59 pm.
2. The Bond Centre is to pay the bond of $2,060.00 () to [COMPANY] As Agent For Soon Hoon Mildred Chok immediately.
3. [NAME] must pay [COMPANY] As Agent For Soon Hoon Mildred Chok $7,834.43 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 8 April 2025 $8,561.43 Replace smoke alarms $40.00 Water rates $1,266.00 Filing fee reimbursement $27.00 Total award $9,894.43 Bond $2,060.00 Total payable by Tenant to Landlord $7,834.43
__________________________________________________________________________________ 5137909 2
Reasons:
1. The landlord attended the hearing by telephone.
2. The tenant was telephoned three times on the number she had provided to the Tribunal on 4 April 2025. Two messages were left after the first and last call. On the third occasion the call was answered but was then disconnected.
3. The landlord has applied for termination of the tenancy, rent arrears, water rates, replacement of a smoke alarm 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 records and water rates records which prove the amount owing at the end of the tenancy.
6. The landlord provided an invoice for the missing smoke alarm and gave evidence that it had gone missing from the property. The tenant was advised of this claim by the landlord filing a comprehensive update to the original claim which the landlord advised was copied to the tenant.
7. [COMPANY] As Agent For Soon Hoon Mildred Chok has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
08 April 2025
__________________________________________________________________________________ 5137909 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/
__________________________________________________________________________________ 5137909 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 tenancy was ended because the rent was more than 21 days overdue when the application was filed.
- The landlord provided records that proved the amount of rent and water rates owed.
- The landlord provided an invoice for a missing smoke alarm and stated it was gone from the property.
- The landlord informed the tenant about the claim for the missing smoke alarm by sending an updated claim.
- The landlord was reimbursed the filing fee because they fully won their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay outstanding debts including rent arrears, water rates, and the cost of replacing a smoke alarm.
What was the dispute about?
The dispute was about unpaid rent and other charges such as water rates and the cost of replacing a smoke alarm.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the outstanding debts 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 most important argument 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 records, water rates records, and an invoice for the missing smoke alarm.