Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they hadn't paid their rent on time. The landlord was given the right to evict the tenant and was awarded money for unpaid rent and other costs.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy for rent arrears under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days if they believe the landlord ended the tenancy because the tenant used their rights or complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded damages to the landlord. The landlord had provided proof of the arrears and the tenancy was terminated under section 54 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5090708
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
[NAME] as attorney for the owner
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat C, [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat C, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [NAME], at 11:59pm on Thursday 27 March 2025.
2. The bond of $2,800.00 may be retained by the landlord.
3. [NAME] must pay [NAME] and [NAME] $8,427.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent and arrears to 27 March 2025 $11,200.00 Filing fee reimbursement $27.00 Total award $11,227.00 Minus Bond - $2,800.00 Total payable by Tenant to Landlord $8,427.00
Reasons:
1. The landlord attended the hearing through Ms Ng.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed and the arrears have increased since then. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The landlord has held the tenant’s bond and not lodged it with the [COMPANY]. The landlord is now aware that is an unlawful act.
6. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
B King
25 March 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 owed rent that was at least 21 days overdue.
- The landlord provided proof of the rent arrears through rent records.
- The landlord applied to terminate the tenancy due to rent arrears under the Residential Tenancies Act 1986.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The landlord had unlawfully held the tenant’s bond but was still granted the termination request.
- The tenant was required to pay the outstanding rent and filing fee reimbursement immediately.
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 of the tenant due to rent arrears and awarded damages to the landlord.
What was the dispute about?
The dispute was about the landlord's request to terminate the tenancy due to the tenant's failure to pay rent on time.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for at least 21 days prior to the filing of the application and the arrears had increased since then.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most important argument was the proof provided by the landlord showing that the tenant had not paid rent for at least 21 days prior to the filing of the application.
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?
For someone in a similar situation, if rent arrears are significant and continue to increase, the tenancy can be terminated and the landlord can be awarded damages.
What evidence or documents mattered?
The rent records provided by the landlord mattered as they proved the amount owing at the end of the tenancy.