Tenancy Terminated for Rent Arrears and Non-Compliance
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant failed to pay rent multiple times and did not clean the property properly or return keys at the end of the lease.
⚖️ Legal holding
A tenant who repeatedly fails to pay rent and does not comply with obligations at the end of the tenancy 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 overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule outlines a tenant's duties, including paying rent on time, keeping the property reasonably clean and tidy, and notifying the landlord of damage or repair needs. It also requires tenants to leave the property clean and tidy and remove all their belongings and rubbish when the tenancy ends.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to repeated rent breaches and the tenant's failure to comply with obligations at the end of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to repeated rent breaches and failure to comply with obligations at the end of the tenancy. The tenant did not attend the hearing, despite receiving proper notice.
📚 Full judgment Official document
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[2025] NZTT 5097009
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at 5:00pm on Thursday 27 February 2025.
2. The Bond Centre is to pay the bond of $1,800.00 (5443254-017) to [NAME] immediately.
3. [NAME] must pay [NAME] $6,293.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27/02/25 $8,000.00 Rubbish removal (tip fee) $66.00 Filing fee reimbursement $27.00 Total award $8,093.00 Bond $1,800.00 Total payable by Tenant to Landlord $6,293.00
Reasons:
4. The landlord attended the hearing. The tenant did not.
5. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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6. The landlord has applied for termination of the tenancy, possession, rent arrears, compensation, refund of the bond and reimbursement of the application fee.
Should the tenancy be terminated?
7. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
8. In addition, the landlord has issued at least seven 14-day notices for repeated rent breaches from 13 November 2024 to 24 February 2025, with six of these being in the period from 13 November 2024 to 18 December 2024. Despite receiving these seven repeat rent breach notices requiring the tenant to pay her rent arrears she has not remedied her repeated rent breach. The rent records show that the tenant last paid rent on 29 October 2024 and was in $8,000.00 rent arrears as at today’s date.
9. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
10. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
11. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
12. The tenant did not return the keys.
13. The amounts ordered are proved.
Reimbursement of filing fee
14. [NAME] has wholly succeeded with the claim, I must reimburse the filing fee.
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[NAME] 27 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 tenant repeatedly failed to pay rent, leaving $8,000 in arrears.
- The tenant ignored seven 14-day notices for rent breaches.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The tenant did not return the keys to the landlord.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for non-payment of rent.
- The tenant did not attend the hearing despite receiving proper notice.
- The tenant did not comply with the obligation to replace worn-out smoke alarm batteries.
- The tenant did not comply with the obligation to replace standard light bulbs.
- The tenant did not return all security devices as required.
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 possession was granted to the landlord.
What was the dispute about?
The dispute was about the tenant's repeated failure to pay rent and their failure to comply with obligations at the end of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days and had ignored seven notices to pay rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a), 40(1)(e)(ii)-(v), and 40(1)(ca) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had ignored multiple notices to pay rent arrears and had not complied with their obligations at the end of the tenancy.
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 face termination of their tenancy if they repeatedly fail to pay rent and do not comply with their obligations at the end of the tenancy.
What evidence or documents mattered?
The evidence included rent records showing the tenant's failure to pay rent and notices sent to the tenant requiring them to pay rent arrears.