Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent that was at least 21 days overdue. The tenant was ordered to pay the landlord $1,513.43.
⚖️ Legal holding
A tenant's tenancy can be terminated by the Tenancy Tribunal if rent is at least 21 days in arrears on the hearing date.
📖 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 filed. It also applies if the tenant caused significant damage or assaulted 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 owes the landlord $1,513.43.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay the landlord $1,513.43. The Tribunal ruled that where rent is at least 21 days in arrears on the hearing date, the tenancy must be terminated under sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2024] NZTT 5074288
TENANCY TRIBUNAL - Tauranga | Tauranga Moana
APPLICANT: [redacted] [NAME] As Trustees For [COMPANY] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] And [NAME] As Trustees For [COMPANY] [NAME], at 5.00pm on Friday 27 December 2024.
2. The Bond Centre is to pay the bond of $2,600.00 to [NAME] And [NAME] As Trustees For [COMPANY] [NAME] immediately.
3. [NAME] must pay [NAME] And [NAME] As Trustees For [COMPANY] [NAME] $1,513.43 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 December 2024 $4,086.43 Filing fee reimbursement $27.00 Total award $4,113.43 Bond $2,600.00 Total payable by Tenant to Landlord $1,513.43
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
3. 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.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
5. The landlord also applied for termination of the tenancy for breach of the tenant’s obligations, but as the tenancy has already been terminated it is not necessary to consider other grounds for termination.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
7. As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME]
13 December 2024
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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 [NAME] 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 tenancy was terminated because the rent was more than 21 days overdue on the hearing date.
- The landlord successfully proved the amount of rent owed by providing rent records.
- The tenant must reimburse the landlord for the filing fee because the landlord won the claim entirely.
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 $1,513.43.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears on the hearing date.
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 are up-to-date with their rent payments to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.