Tenancy Terminated for Rent Arrears Exceeding 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because their rent was overdue by more than 21 days. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent arrears exceed 21 days.
📖 What the law says
This section 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 covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days, as per sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5164598
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Goup
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of Joel Burrows at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] For Mahesh Goup, at 11.59pm on Friday 2 May 2025.
2. Joel Burrows must pay [COMPANY] For Mahesh Goup $2,295.70 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $1,880.00 (3421514-009) to [COMPANY] For Mahesh Goup immediately.
Description Landlord Tenant Rent arrears to 11 April 2025 $3,490.00 Water rates to 4 April 2025 $658.70 Filing fee reimbursement $27.00 Total award $4,175.70 Bond $1,880.00 Total payable by Tenant to Landlord $2,295.70
Reasons:
1. Both parties attended the hearing which was held by teleconference.
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2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
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.
5. The landlord provided rent records which prove the amount owing on the date of the hearing is $3,490.00, which far exceeds 21 days in arrears.
6. The landlord provided water rates records that prove that as of 4 April 2025 the tenant owes $658.70 in unpaid water rates.
7. The amounts ordered are proved.
8. [COMPANY] For Mahesh Goup has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
09 April 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 landlord provided proof of rent arrears exceeding 21 days.
- The landlord showed records proving $3,490.00 in unpaid rent.
- The landlord presented evidence of $658.70 in unpaid water rates.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant owed rent for over 21 days.
What was the dispute about?
The landlord wanted to end the tenancy due to unpaid rent that had accumulated over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears exceeded 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was that the rent arrears exceeded 21 days, allowing the termination 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 to terminate the tenancy.
What does this mean for someone in a similar situation?
If a tenant has rent arrears for over 21 days, their tenancy can be terminated by the Tenancy Tribunal.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing on the hearing date was $3,490.00, which far exceeded 21 days in arrears.