Tenancy Terminated for Rent Arrears and Breach
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay rent on time and broke the terms of their lease agreement. The landlord showed proof of these breaches.
⚖️ Legal holding
A tenant's tenancy can be terminated for rent arrears and breach of the tenancy agreement.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies. It also covers situations where the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party a notice to fix it within at least 10 working days, and the other party failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breach of the tenancy agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of the tenancy agreement. The landlord provided evidence of the tenant's failure to pay rent and comply with the tenancy agreement.
📚 Full judgment Official document
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[2025] NZTT 5221213
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm on 29 May 2025.
2. [NAME] must pay [COMPANY] $331.14 immediately, as shown in the table below:
Description Landlord Tenant Rent arrears to 29.5.25 $331.14 Total award $331.14 Total payable by Tenant to Landlord $331.14
Reasons:
1. Only the landlord, represented by [NAME], attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call either went to voicemail or was not answered. As the tenant has been notified, the hearing proceeded in her absence.
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2. The landlord has applied for termination of the tenancy and rent arrears. There is no bond.
3. The landlord sought termination for rent arrears and for breach of the tenant’s obligations under the tenancy agreement.
Should the tenancy be terminated?
4. I am satisfied that the landlord has established the grounds for termination of the tenancy. Rent was at least 21 days in arrears on the date the application was filed. At the date of the hearing, rent was still in arrears, although the tenant had reduced the arrears. The landlord provided rent records and oral evidence in support.
Accordingly, the grounds for termination of the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986 (the RTA) are met.
5. I am also satisfied that the grounds for termination of the tenancy under section 56(1) of the RTA are met. Under this provision, 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. 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. Under the tenancy agreement, the tenant is required to live at the home at all times (clause 14) and notify the landlord if they are going to be away for more than 30 days (clause 15).
7. The landlord has provided detailed evidence and submissions which show the steps taken after being notified by neighbours that the tenant was no longer occupying the premises. The landlord issued 14-day notices on 24 January 2025 and 2 April 2025. There was photographic evidence that power had been disconnected by 23 April 2025, and evidence of the condition of the premises.
8. In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period.
9. In the circumstances, I find that it would be inequitable to refuse to terminate the tenancy. [COMPANY] provides social housing on the basis of housing need, and it is fair and reasonable that tenants are required to live in the home, due to the demand for housing. Where there is evidence that the tenant is no longer residing in the premises, and is therefore in breach if their tenancy agreement, there are sufficient grounds for termination of the tenancy.
Accordingly, this tenancy is terminated.
.
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Filing fee
10. While successful with its application, the landlord does not seek the filing fee.
[NAME]
29 May 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 had rent arrears for at least 21 days before the application was filed.
- The landlord provided detailed evidence showing the tenant was no longer occupying the premises.
- The landlord issued multiple notices requiring the tenant to remedy the breach within 14 days.
- Photographic evidence showed the power had been disconnected, indicating the tenant was not living there.
❌ Tends to be rejected
- The tenant did not attend the hearing and provide their side of the story.
- The tenant did not respond to the notices sent by the landlord to remedy the breach.
- There was no bond to cover any potential damages or disputes.
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 tenant's tenancy due to rent arrears and breach of the tenancy agreement.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of unpaid rent and breaches of the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the tenant owed rent and had breached the tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 56(1) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent and had breached the tenancy agreement.
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 might have their tenancy terminated if they fail to pay rent on time and comply with the tenancy agreement.
What evidence or documents mattered?
The evidence included rent records, notices, and photographs showing the condition of the premises.