Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent and had breached their obligations. The landlord showed proof of the rent arrears, and the tenant didn't show up for the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and the tenant breaches 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 to the Tribunal. It also covers situations where the tenant has caused significant damage or threatened the landlord or others.
This rule permits the Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the breach can be fixed, the party who complained must have given notice and allowed at least 10 working days for the other party to fix it, which they failed to do.
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 a tenancy due to rent arrears and breach of obligations. The tenant did not attend the hearing, and the landlord proved the amount owing through rent records.
📚 Full judgment Official document
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[2025] NZTT 5130908
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Tribunal Orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], immediately.
3. [COMPANY] is to pay the bond of $2,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $1,675.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 11 April 2025 $4,108.57 Filing fee reimbursement $27.00 Total award $4,135.57 Minus Bond $2,460.00 Total payable by Tenant to Landlord $1,675.57
Reasons:
1. The landlord attended the hearing which was scheduled by videoconference. The tenant did not attend and 2 calls to the number specified in the Notice of Hearing, which was properly served, went to voicemail.
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2. 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?
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, no rent has been paid since 27 February 2025. The tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. Because [The applicant/s] has succeeded with the claim, I reimburse the filing fee.
[NAME] 11 April 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
- Rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owed.
- No rent has been paid since 27 February 2025.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- The tenant did not provide any defense or explanation for the arrears.
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 due to rent arrears and breach of obligations.
What was the dispute about?
The landlord claimed the tenant owed back rent and had breached their obligations, leading to the termination of 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 had breached their obligations.
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 rent was at least 21 days in arrears and the tenant 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 might have their tenancy terminated if they owe back rent and have breached their obligations.
What evidence or documents mattered?
The landlord provided rent records to prove the amount owing at the end of the tenancy.