Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they owed rent arrears and breached their obligations under the lease agreement. The landlord successfully requested the termination of the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears on the hearing date.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or their family.
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 broke the rule must have been given at least 10 working days' notice to fix it and 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. The landlord had invited the tribunal to extend the usual term for termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5116371
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 Agent For [NAME], at 11.59 am on Tuesday 8 April 2025.
2. The [COMPANY] is to pay the bond of $2,120.00 (3602825-008) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $3,964.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $6,057.14 Filing fee reimbursement $27.00 Total award $6,084.14 Bond $2,120.00 Total payable by Tenant to Landlord $3,964.14
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Reasons:
1. The landlord attended the video hearing.
2. The tenant did not attend the hearing by Teams video link and telephone calls to the tenant went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
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. The landlord has invited the tribunal to extend the usual term for termination of the tenancy.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $6,057.14.
7. As [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Young
18 March 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 video hearing.
- The tenant's rent was at least 21 days in arrears on the hearing date.
- The landlord provided rent records that proved the amount owing.
- The landlord succeeded entirely with the claim.
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 tenancy should be terminated due to the tenant's failure to pay rent and fulfill their obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date 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 on the hearing date 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, if rent is at least 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 proved the amount of rent arrears at the end of the tenancy.