Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay rent and broke their lease agreement. The landlord asked for the termination, and the Tribunal agreed.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated by the Tenancy Tribunal for failing to pay rent and breaching their obligations under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupants.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem could have been 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 obligations.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of obligations. The landlord successfully applied for termination under sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5450109 1
[2026] NZTT 5450109
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME], Trustees Of [COMPANY]
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] As Agent For [NAME], Trustees Of [COMPANY] immediately.
2. The Bond Centre is to pay the bond of $3,800.00 (5188133-010) to [COMPANY] As Agent For [NAME], Trustees Of [COMPANY] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME], Trustees Of [COMPANY] $1,728.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 15 May 2026 (since 7 November 2025) $5,500.00 Filing fee reimbursement $28.00 Total award $5,528.00 Bond $3,800.00 Total payable by Tenant to Landlord $1,728.00
__________________________________________________________________________________ 5450109 2
Reasons:
1. The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. For the avoidance of doubt, a call to the tenant was also attempted but it was unsuccessful.
2. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
3. This is the second landlord application pertaining to this tenancy. It was submitted on 19 February 2026.
4. This application was first set down for a hearing on 17 April 2026 but that was adjourned after a request from the tenant for such. The landlord did not oppose the adjournment at that time.
5. The landlord advised she had provided the tenant a reminder about this hearing just yesterday. A reply from the tenant to the landlord said she would not be attending as she had an operation out of town but no communication of this, nor any supporting evidence, to the Tribunal was received, nor any request for adjournment. A copy of these messages from the tenant were provided to the Tribunal and one message suggests the tenant intends to exercise a “right of appeal”.
6. The landlord questioned the above medical claim of the tenant as she says has been in separate communications with a related party who indicated they were to meet the tenant today, locally.
7. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
8. The previous order of the Tribunal regarding this tenancy is under appeal to the District Court. That involves an appeal by the tenant regarding the quantum of rent arrears as previously ordered on 28 October 2025 for rent and rent arrears to 7 November 2025. The rent and rent arrears in that order totalled $6,117.86.
9. I note that at the hearing today the total of the order ($6,145.86) was used for calculating and confirming current rent arrears. I subsequently reviewed that order and note that total includes the $28.00 application filing fee. This order adjusts the total down by $28.00 accordingly.
10. I consider the landlord application for termination via sections 55 and 56(2) Residential Tenancies Act 1986 (RTA), as lodged on 19 February 2026 can be heard. This is despite the appeal of the previous order, yet to be determined, but only on the basis of any rent arrears since 7 November 2025 as prior rent arrears ordered may be subject to revision at appeal.
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How much does the tenant owe?
11. The landlord provided rent records for the tenancy.
12. The full rent arrears claimed by the landlord to 15 May 2026, inclusive of the prior order sum under appeal, is $11,617.86.
13. That total is reduced by $6,117.86 (being the historic rent arrears under appeal) to leave rent in arrears since 7 November 2025, and as at today of $5,500.00 (35 days).
14. In a letter dated 20 April 2026 to the landlord, the tenant appears to acknowledge rent arrears and indicated a plan to pay it off. This has not happened and further rent arrears have accrued.
Should the tenancy be terminated?
15. 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.
16. A landlord notice to remedy rent arrears was served on 19 February 2026 and it has not been remedied.
17. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
Filing Fee
18. [COMPANY] As Agent For [NAME], Trustees Of [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
15 May 2026
__________________________________________________________________________________ 5450109 4
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proof of rent arrears totaling $5,500.00.
- The tenant failed to attend the hearing despite being notified.
- The tenant did not provide any evidence or request an adjournment due to their operation.
- The tenant acknowledged rent arrears in a letter but did not follow through with payments.
❌ Tends to be rejected
- The tenant claimed a medical reason for missing the hearing but did not communicate this to the tribunal.
- The tenant intended to exercise a "right of appeal" without providing evidence supporting their claim.
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 tenant's tenancy due to unpaid rent and breach of obligations.
What was the dispute about?
The dispute was about whether the tenant should continue renting the property given their failure to pay rent and adhere to the lease agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant owed significant rent arrears and had breached their obligations under the lease agreement.
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 most important argument was that the tenant had failed to pay rent and had breached their obligations under the lease 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 face termination of their tenancy if they fail to pay rent and adhere to their lease agreement.
What evidence or documents mattered?
The rent records provided by the landlord and the tenant's acknowledgment of rent arrears were key pieces of evidence.