Tenancy Terminated for Rent Arrears and Breach of Obligations
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant didn't pay rent and breached their obligations. The landlord showed that rent was overdue by at least 21 days and the tenant didn't show up for the hearing. The judge ordered the tenant to leave and pay $784.14 to the landlord.
⚖️ 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 states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also covers situations where the tenant caused significant damage or assaulted 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 breach could have been fixed, the party who complained must have given notice to the other party, asking them 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.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations. The landlord proved that rent was at least 21 days in arrears and the tenant failed to respond to the hearing. Judge R Harvey-Lane ordered the termination of the tenancy and the payment of $784.14 to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5122648
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]/ [NAME] Le Foreign Trust, at 11:59pm on 7 March 2025.
2. [NAME] must pay [COMPANY] as agents for [NAME]/ [NAME] Le Foreign Trust $784.14 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 7 March 2025 $2,877.14 Filing fee reimbursement $27.00 Total award $2,904.14 Bond $2,120.00 Total payable by Tenant to Landlord $784.14
3. The Bond Centre is to pay the bond of $2,120.00 (6302013-010) to [COMPANY] as agents for [NAME]/ [NAME] Le Foreign Trust immediately.
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Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 362.
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. The tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent records which prove the amount owing of $2,877.14 through to the end of the tenancy, being 7 March 2025.
6. [COMPANY] as agents for [NAME]/ [NAME] Le Foreign Trust has wholly succeeded with the claim I must reimburse the filing fee.
R Harvey-Lane 03 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 rent was at least 21 days in arrears.
- The landlord provided proof of the rent arrears amount.
- The tenant did not attend the hearing and did not respond to calls.
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 and ordered the tenant to pay $784.14 to the landlord.
What was the dispute about?
The dispute was about the tenant not paying rent and breaching their obligations under 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 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 at least 21 days in arrears 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?
Someone in a similar situation might have their tenancy terminated if they don't pay rent and breach their obligations.
What evidence or documents mattered?
The rent records and the fact that the tenant did not attend the hearing mattered.