Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent that was at least 21 days overdue and had breached their obligations under the lease agreement.
⚖️ 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 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 under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of obligations, granting possession to the landlord and ordering the tenant to pay outstanding rent and fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5184972 1
[2025] NZTT 5184972
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Tribunal orders suppression of [Tenant 1]’s name and identifying details.
2. The tenancy of [The tenant/s] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As [COMPANY], at 5pm on Wednesday, 7 May 2025.
3. The Bond Centre is to pay the bond of $990.00 ([Bond number suppressed]) to [COMPANY] As [COMPANY] immediately.
4. [The tenant/s] must pay [COMPANY] As [COMPANY] $2,900.02 immediately, calculated as shown in the table below:
Description Landlord Rent arrears and rent to 7 May 2025 $3,863.02 Filing fee reimbursement $27.00 Total award $3,890.02 Bond $990.00 Total payable by Tenant to Landlord $2,900.02
Reasons:
1. Both parties attended the hearing.
2. [NAME] attended for the tenants.
3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
__________________________________________________________________________________ 5184972 2
Should the tenancy be terminated?
4. 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.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
6. I considered whether to make a conditional termination order but could not be satisfied that the debt would be paid or that rent would not fall into arrears in the future. [NAME] said that he has a meeting this afternoon to try and get assistance to pay the arrears. He has had four months to do so. If the arrears can be repaid promptly, the landlord may consider allowing the tenancy to continue, but on the evidence before me today, I am required to make a termination order.
How much does the tenant owe?
7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
8. This is a joint tenancy, and each tenant is jointly and severally liable to the landlord. That means that each of the tenants is liable for the entire rent. As between themselves, the tenants had agreed to pay half the rent each. I note that [Tenant 1] had paid his “share” of the rent consistently and was unaware of this situation until very recently. For that reason, I have suppressed his details.
9. As the landlord was the successful party, I have granted reimbursement of the Tribunal application fee.
[NAME] 01 May 2025
__________________________________________________________________________________ 5184972 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 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.
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].
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
- Rent was at least 21 days in arrears on the hearing date.
- The landlord applied to terminate the tenancy for breach of obligations.
- The landlord provided rent records proving the amount owing at the end of the tenancy.
- Each tenant is jointly and severally liable for the entire rent.
❌ Tends to be rejected
- The tenant claimed they had been trying to get assistance to pay the arrears.
- The tenant argued they had only recently become aware of the situation.
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 obligations.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent and breaches of the lease agreement.
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 their obligations under the lease agreement.
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 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 have rent arrears and breaches of their obligations under the lease agreement.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent owing at the end of the tenancy.