Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent that was over 21 days late and had broken their rental agreement. The landlord successfully proved these points in court.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and they breach their 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. It also covers situations where the tenant causes significant damage or threatens the landlord or others.
This rule states that the Tribunal can end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the other party must first be given a notice to fix it within at least 10 working days.
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 had proven that rent was over 21 days in arrears and the tenant had breached their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5195733
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] As Agents For [NAME], at 4pm on Friday 16 May 2025.
2. The Bond Centre is to pay the bond of $2,600.00 (5899997-005) to [COMPANY] As Agents For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agents For [NAME] $5,205.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 16/5/2025 $7,778.57 Filing fee reimbursement $27.00 Total award $7,805.57 Bond $2,600.00 Total payable by Tenant to Landlord $5,205.57
Reasons:
1. The landlord attended the hearing. The tenant was contacted by telephone but did not answer the call. The tenant did not attend by video.
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2. The landlord has been to the property today and the tenant was there. The landlord tells me that the tenant knows of today’s hearing.
3. I consider that the tenant knows about today’s hearing and has chosen not to attend. I have proceeded in her absence.
4. The landlord says that the tenant told her she could have possession of the property and the landlord has taken steps to secure the property today.
5. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
Should the tenancy be terminated?
6. 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.
7. Rent is more than 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
8. The landlord provided rent records which prove the amount owing at the end of the tenancy.
9. [COMPANY] As Agents For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
16 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 landlord attended the hearing, while the tenant did not answer the phone or attend by video.
- The tenant was aware of the hearing but chose not to attend, so the tribunal proceeded without her.
- The tenant had told the landlord she could have possession of the property.
- The rent was more than 21 days in arrears at the hearing date, which legally requires the tenancy to be terminated.
- The landlord provided rent records that proved the amount owed at the end of the tenancy.
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 due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about whether the tenant owed rent that was over 21 days late and had breached their obligations under the rental agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord had proven that the rent was over 21 days in arrears and the tenant had 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 most important argument was that the rent was over 21 days in arrears and the tenant had breached their obligations under the rental agreement.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is over 21 days in arrears and the tenant breaches their obligations, the tenancy can be terminated.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent owing and the breach of obligations.