Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant failed to pay rent for over 21 days. The landlord received the bond and the remaining rent owed.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days results in termination of the tenancy.
📖 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 submitted. It also allows termination for substantial damage caused or threatened by the tenant, or for assault or threatened assault against the landlord or their family/agent/other occupier.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the bond was paid to the landlord.
📜 Headnote Official document
The Tenancy Tribunal at Whakatane terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord was awarded the bond and outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5144328
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
AMENDED ORDER
1. This order amends and replaces order made on 7 March 2025 to reflect the correct amount of bond held with the Bond Centre being $1,080.00.
2. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] T/A [NAME], immediately.
3. The Bond Centre is to pay the bond of $1,080.00 to [COMPANY] T/A [NAME] immediately.
4. [NAME] and [NAME] must pay [COMPANY] T/A [NAME] $7,222.61 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7 March 2025 $8,275.61 Filing fee reimbursement $27.00 Total award $8,302.61 Bond $1,080.00 Total payable by Tenant to Landlord $7,222.61
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Reasons:
1. The landlord attended the hearing. The tenant did not appear.
2. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for termination of the tenancy, rent arrears 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 which prove the amount owing at the end of the tenancy.
6. [COMPANY] T/A [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME] 12 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 the rent was at least 21 days in arrears.
- The landlord provided rent records showing the amount owed.
- The landlord applied for termination of the tenancy and rent arrears.
❌ Tends to be rejected
- The tenant did not appear at the hearing to contest the claims.
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 landlord was awarded the bond and outstanding rent.
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 rent was at least 21 days overdue.
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 overdue.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 fail to pay rent for over 21 days.
What evidence or documents mattered?
The landlord provided rent records proving the amount of rent owing at the end of the tenancy.