Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal terminated a tenancy because the tenant failed to pay rent arrears and breached their obligations. The landlord attended the hearing, but the tenant did not respond to the calls made by the Tribunal.
⚖️ Legal holding
A tenant's failure to attend a hearing and pay rent arrears results in the termination of their tenancy.
📖 What the law says
This section 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 a tenant causes significant damage or threatens the landlord or others.
This section allows the Tribunal to end a tenancy if one party breaks a rule in the tenancy agreement or the Act. If the problem can be fixed, the party who complained must first give notice and at least 10 working days for the other party to fix it.
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
In this Tenancy Tribunal case, the tenancy was terminated due to the tenant's failure to pay rent arrears and breach of obligations. The landlord attended the hearing while the tenant did not respond to the calls made by the Tribunal.
📚 Full judgment Official document
__________________________________________________________________________________ 5165012 1
[2025] NZTT 5165012
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
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], at 11.59 pm on Sunday 4 May 2025.
2. The [COMPANY] is to pay the bond of $3,400.00 (6421508-001) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $2,876.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 24 April 2025 $5,109.36 Water rates to 3 April 2025 $1,140.50 Filing fee reimbursement $27.00 Total award $6,276.86 Bond $3,400.00 Total payable by Tenant to Landlord $2,876.86
__________________________________________________________________________________ 5165012 2
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenants did not answer any of the seven calls made at the scheduled time to the four numbers provided to the Tribunal.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. 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?
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.
How much does the tenant owe?
6. The landlord provided rent records which prove that as of today’s date, the amount owing is $5,109.36.
7. The landlord provided water rates records which prove that as of 3 April 2025, the amount owing is $1,140.50
8. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
24 April 2025
__________________________________________________________________________________ 5165012 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.
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/
__________________________________________________________________________________ 5165012 4
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 as required.
- The tenants did not answer any of the seven calls made to them.
- The rent was at least 21 days in arrears on the hearing date.
- The landlord provided proof of the amount owed through rent and water rates records.
❌ Tends to be rejected
- The tenants did not request an adjournment of the hearing.
- The tenants did not provide any evidence or explanation for their failure to pay rent.
- The tenants did not attend the hearing to contest the claims made against them.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant failed to pay rent arrears and breached their obligations.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and their breach of obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and had not paid the rent arrears.
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 tenant had not paid the rent arrears and had 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?
Someone in a similar situation should ensure they pay their rent arrears and attend any hearings to avoid having their tenancy terminated.
What evidence or documents mattered?
The evidence included rent records and water rates records showing the tenant's arrears.