Tenancy Terminated for Rent Arrears and Failure to Vacate Property
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they didn't pay their rent and didn't leave the property as requested. The landlord showed proof of the rent owed and the tenant's notice to end the lease.
⚖️ Legal holding
A tenant who fails to pay rent and vacate the property as required can have their tenancy terminated.
📖 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 a tenant causes significant damage or threatens the landlord or their family.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant's failure to vacate the property.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and the tenant's failure to vacate the property despite multiple notices. The landlord provided proof of arrears and the tenant's notice to terminate the tenancy.
📚 Full judgment Official document
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[2026] NZTT 5484497, 5488449
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
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 5pm 18th June 2026.
Description Landlord Tenant Rent arrears up to 18th June 2026. $702.86 Filing fee reimbursement $28.00 Total award $730.86
Reasons:
1. The tenant failed to make himself available for todays hearing. Attempts were made to telephone him, but this was unsuccessful.
2. The landlord has applied for termination of the tenancy, rent arrears and filing fee.
3. Rent was at least 21 days in arrears on the date the application was filed. However, the tenant then made some payments but has continued to be in
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arrears. Further the tenant gave notice to terminate the tenancy on 11 March 2026 however he has failed to vacate the property.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy together with the notice the tenant gave to end the tenancy. There had been a number of 14-day notices issued to the tenant, the last one being this week however prior to that, one was issued on the 3rd June and payment has not been made.
5. Having considered all of the evidence and submissions made I find in would be inappropriate to allow the tenancy to continue.
6. The tenancy is therefore terminated. See section 55(1)(a) Residential Tenancies Act 1986.
7. I do not make an order for the bond to be refunded at this time as there may be a further application to follow.
8. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
18 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 proved the amount of rent owed by providing rent records.
- The tenant failed to attend the hearing, despite attempts to contact him by phone.
- The tenant was more than 21 days behind on rent when the application was filed.
- The tenant gave notice to end the tenancy but did not move out of the property.
- The landlord had issued several 14-day notices to the tenant for unpaid rent.
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 of the tenant due to rent arrears and the tenant's failure to vacate the property.
What was the dispute about?
The dispute was over unpaid rent and the tenant's refusal to leave the property despite multiple notices.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent and vacate the property as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The most important argument was the proof of rent arrears and the tenant's failure to vacate the property.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What evidence or documents mattered?
The evidence that mattered included rent records and notices sent to the tenant.