Tenancy Terminated for Rent Arrears and Breach of Notice
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent arrears and breached a notice requirement. The tenant was not present at the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and they breach a notice requirement.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or their family.
This section allows the Tribunal to end a tenancy if one party breaks 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 notice requirements.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of a notice requirement. The tenant did not attend the hearing, which proceeded in their absence.
📚 Full judgment Official document
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[2025] NZTT 5149091
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] at the end of Sunday 23 March 2025.
2. The [COMPANY] is to pay the bond of $2,400.00 (3095274-002) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $1,250.27 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 18/03/25 $2,998.57 Water rates $196.13 Rent due to 23 March 2025 $428.57 Filing fee reimbursement $27.00 Total award $3,650.27 Bond $2,400.00 Total payable by Tenant to Landlord $1,250.27
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Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended the hearing for the landlord.
3. The tenant did not attend. The hearing proceeded in the tenant’s absence.
4. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears, reimbursement of the filing fee, and payment over of the bond.
Should the tenancy be terminated?
5. 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 under ss 55 and 56(2) Residential Tenancies Act 1986.
6. The landlord applied to terminate for the tenant breaching a 14-day notice requiring him to pay rent arrears. Today, the rent is at least 21 days in arrears.
7. The tenancy is terminated at the end of this Sunday.
How much does the tenant owe?
8. The landlord provided rent and water records which prove the overdue amounts the tenant currently owes for rent and water. The Tribunal orders the tenant to pay the amounts set out in the table above.
9. An order is also made for rent due to the end of the tenancy.
Filing fee and bond
10. The tenant must reimburse the filing fee
11. The [COMPANY] is directed to pay the bond out to the landlord.
R Kee
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19 March 2025 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 tenancy was terminated because the rent was at least 21 days in arrears on the hearing date.
- The landlord proved the overdue amounts for rent and water with provided records.
- The tenant was ordered to pay the rent until the end of the tenancy.
- The tenant had to reimburse the landlord for the filing fee.
- The bond was paid out to the landlord.
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 a tenant due to rent arrears and breach of a notice requirement.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent and failure to comply with a notice.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant had breached a notice requirement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and Yö 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears and the tenant had breached a notice requirement.
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 do not pay rent arrears and breach a notice requirement.
What evidence or documents mattered?
The rent and water records provided by the landlord proved the overdue amounts the tenant owed.