Tenancy Terminated for Rent Arrears and Breaches
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent for over 21 days and violated the tenancy agreement by having too many people living in the unit and causing disturbances.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to pay rent for over 21 days and breach the tenancy agreement.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or others connected to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breaches of the tenancy agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breaches of the tenancy agreement, including exceeding the maximum number of permitted occupants and interfering with the peace and privacy of other tenants.
📚 Full judgment Official document
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[2024] NZTT 5032228
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 2, [ADDRESS], Hillcrest, [NAME] 3216
ORDER
1. The tenancy of [NAME] at Room 2, [ADDRESS], Hillcrest, [NAME] 3216 is terminated, and possession is granted to [COMPANY] (as agent for [NAME]) immediately.
2. The Bond Centre is to pay the bond of $1,000.00 (5958014-006) to [COMPANY] (as agent for [NAME]) immediately.
3. [NAME] must pay [COMPANY] (as agent for [NAME]) $384.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 15 November 2024 $1,357.14 Filing fee reimbursement $27.00 Total award $1,384.14 Bond $1,000.00 Total payable by Tenant to Landlord $384.14
Reasons:
1. The landlord’s application sought termination of the tenancy on the grounds of:
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a. Rent arrears; and
b. Exceeding the maximum number of permitted occupants; and
c. Interference with the reasonable peace, comfort, and privacy of the landlord’s other tenants.
2. The hearing took place by phone today, 15 November 2025. [NAME] represented the landlord at the hearing. I was unable to contact [NAME] on the phone number provided. I am satisfied that [NAME] was sent notice of the hearing, and the hearing proceeded in [NAME]’s absence.1
3. [NAME] provided a rent record showing rent arrears of $1,357.14 to today’s date. [NAME] has not paid any rent since 1 October.
4. If a landlord brings an application for termination of the tenancy for breach and the rent is more than 21-days in arrears at the date of hearing, the Tribunal may make an order terminating the tenancy.2
5. The rent is more than five weeks in arrears. The tenant is no longer in contact with the landlord. The landlord’s evidence shows that the tenant breached the tenancy agreement by allowing another person to live at the premises with him. The evidence also shows multiple incidents of loud and disturbing behaviour, mostly relating to arguments / domestic incidents between [NAME] and his unpermitted guest.
6. The tenancy is terminated.
7. The landlord has been successful in this application and I must also award the landlord the filing fee of $27.00.
N Blake
15 November 2024
1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 56(2) and 55(1)(a) RTA
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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 tenant owed rent arrears of $1,357.14.
- The rent was more than 21 days in arrears at the time of the hearing.
- The tenant allowed another person to live at the premises without permission.
- The tenant engaged in loud and disturbing behavior, affecting the peace and privacy of others.
❌ Tends to be rejected
- The tenant's non-contact with the landlord did not prevent the hearing from proceeding.
- The tenant's failure to provide a defense or attend the hearing was not considered.
- The tenant's unspecified reasons for not paying rent were not accepted as valid defenses.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant had to pay rent arrears and a filing fee.
What was the dispute about?
The landlord wanted to terminate the tenancy due to unpaid rent and breaches of the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than 21 days in arrears and the tenant had breached the agreement.
Which laws or rules were applied?
Sections 54, 55(1)(a), and 92 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to pay rent for over 21 days and their breaches of the tenancy agreement.
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 could have their tenancy terminated if they fail to pay rent for over 21 days and violate the tenancy agreement.
What evidence or documents mattered?
The rent record showing arrears and the landlord's evidence of breaches mattered.