Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent and breached their obligations. The tenant must now pay back rent and water rates.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and there is a breach of obligations.
📖 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 to the Tribunal. It also covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken a term of 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 obligations.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations, ordering the tenant to pay outstanding rent and water rates.
📚 Full judgment Official document
__________________________________________________________________________________ 5229311 1
[2025] NZTT 5229311
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME] immediately.
2. The [COMPANY] is to pay the bond of $3,000.00 (BN-00026420) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $3,102.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 9 June 2025 $5,684.00 Water rates $391.86 Filing fee reimbursement $27.00 Total award $6,102.86 Bond $3,000.00 Total payable by Tenant to Landlord $3,102.86
__________________________________________________________________________________ 5229311 2
Reasons:
1. The landlord attended the hearing, set down to be conducted via video. Two calls to the tenants went unanswered and to voicemail where available. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates, 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. The last rent payment was made on 5 May 2025.
How much does the tenant owe?
5. The landlord provided rent and water records which prove the amounts owing at the end of the tenancy are as ordered.
Filing fee
6. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
09 June 2025
__________________________________________________________________________________ 5229311 3
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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/disputes/enforcing-decisions/
__________________________________________________________________________________ 5229311 4
A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/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's application for tenancy termination was accepted because the rent was overdue by at least 21 days.
- The landlord successfully proved the amounts owed for rent and water rates.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
- The Tribunal was satisfied that the tenants had been adequately served with notice of the hearing.
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 tenancy of the tenant due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent and breach of obligations justified terminating the tenancy.
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 breached their obligations.
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 was at least 21 days in arrears and the tenant breached their obligations.
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, failing to pay rent and breaching obligations could lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent and water records proving the amounts owing at the end of the tenancy.