Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent for over 120 days. The landlord was awarded the bond and the remaining rent arrears.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to pay rent for at least 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was filed. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the bond was awarded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded the bond to the landlord. The landlord proved the claim on the balance of probabilities, and the rent arrears were over 120 days.
📚 Full judgment Official document
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[2025] NZTT 5097148
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1, Unit/Flat 22, 119 O'[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room 1, Unit/Flat 22, 119 O'[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], immediately.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $3,312.71 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 19 March 2025 $4,285.71 Filing fee reimbursement $27.00 Total award $4,312.71 Bond $1,000.00 Total payable by Tenant to Landlord $3,312.71
3. The Bond Centre is to pay the bond of $1,000.00 to [COMPANY] As Agent For [NAME] immediately.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION
4. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
5. The landlord submitted a rent summary, which proves rent arrears are $4,285.71 (120 days) up to 19 March 2025. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
6. The tenant advised that they have already vacated the property. Therefore, the termination is to take effect immediately.
RENT ARREARS
7. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $4,285.71. The landlord’s claim for rent arrears is granted in full for this amount.
FILING FEE
8. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
19 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 landlord proved that rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount of rent arrears.
- The tenant had already vacated the property by the time of the hearing.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments regarding the rent arrears.
- The tenant did not dispute the amount of rent arrears claimed by the landlord.
- The tenant did not challenge the termination of the tenancy based on the rent arrears.
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 of the tenant and awarded the landlord the bond and the remaining rent arrears.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent for over 120 days justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the tenant's failure to pay rent for over 120 days on the balance of probabilities.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for over 120 days, which justified terminating the tenancy.
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 rent records showing the tenant's failure to pay rent for over 120 days were crucial.