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 that the rent was at least 21 days overdue and the tenant had not met their responsibilities as outlined in the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and there is a breach of 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 or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
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 complained must have given the other party a notice 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 a tenant due to rent arrears and breach of obligations. The landlord successfully proved that rent was at least 21 days in arrears and the tenant breached their obligations under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5107008
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA KI
APPLICANT: [redacted]
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], at 10am on Wednesday, 26 February 2025.
2. The [COMPANY] is to pay the bond of $1,720.00 (5929257-002) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $5,125.70 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 26 February 2025) $6,428.57 Water rates (to 10 March 2025) $390.13 Filing fee reimbursement $27.00 Total award $6,845.70 Bond $1,720.00 Total payable by Tenant to Landlord $5,125.70
Reasons:
1. Both parties attended the hearing.
2. [NAME] attended for the tenants. Ms [NAME] did not attend and did not answer a call made to her mobile during the hearing.
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3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond. [NAME] did not dispute any of the claims.
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 the amount of rent and water rates owing at the end of the tenancy. I have made orders accordingly.
7. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
R Morgan
26 February 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 tenancy was terminated because the rent was more than 21 days overdue when the hearing took place.
- The landlord successfully proved the amounts owed for rent and water rates using their records.
- The landlord was awarded the application fee because they were the successful party in the case.
❌ Tends to be rejected
- The tenant did not dispute any of the claims made by the landlord.
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's tenancy should be terminated because they owed back rent and had breached their obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was at least 21 days overdue 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 at least 21 days overdue and the tenant had breached their obligations.
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?
Someone in a similar situation might face termination of their tenancy if they owe back rent and have breached their obligations.
What evidence or documents mattered?
The rent records provided by the landlord mattered as they proved the amount of rent and water rates owing at the end of the tenancy.