Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent that was over 21 days late. The landlord received compensation for the overdue rent and the filing fee.
⚖️ Legal holding
A landlord is entitled to terminate a tenancy for rent arrears exceeding 21 days.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against 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 landlord was awarded compensation.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding 21 days and awarded the landlord compensation for the arrears and filing fees.
📚 Full judgment Official document
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[2025] NZTT 5044848
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 6.00pm on Wednesday 26 February 2025.
3. [NAME] must pay [The landlord/s] $1,045.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7/11/24 $1,028.57 Filing fee reimbursement $27.00 Total award $1,055.57 Total payable by Tenant to Landlord $1,055.57
Reasons:
1. The landlord attended the hearing by phone call.
2. The tenant was telephoned on the phone number provided but the phone call went to voice mail. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
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3. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.1
5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
6. The landlord served a notice to remedy a breach on the tenant on 10 October 2024. The tenant did not remedy the breach.
7. 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.2
8. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
9. The landlord provided rent records which prove the amount owing as at 20 February 2025 is $4,000.00. The landlord only seeks an order for rent arrears to 7 November 2024 and I have made an order accordingly.
10. Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
11. The landlord sought suppression and as the application is successful, I have made an order accordingly.
N Bradley 24 February 2025
1 See section 56(1) Residential Tenancies Act 1986 2 See sections 55 and 56(2) Residential Tenancies Act 1986.
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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 served a notice to remedy the breach at least 14 days before the hearing.
- The rent was at least 21 days in arrears on the hearing date.
- The landlord provided proof of the amount owing through rent records.
❌ Tends to be rejected
- The tenant did not remedy the breach after receiving the notice.
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 compensation for rent arrears and filing fees.
What was the dispute about?
The dispute was about terminating a tenancy due to unpaid rent that was over 21 days late.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears exceeded 21 days, as required by the Residential Tenancies Act 1986.
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 argument that mattered most was that the rent arrears exceeded 21 days, allowing the landlord to terminate 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?
For someone in a similar situation, if rent arrears exceed 21 days, the tenancy can be terminated and the landlord can receive compensation.
What evidence or documents mattered?
The rent records proving the amount owing and the notice to remedy the breach were the key pieces of evidence.