Tenancy Terminated for Rent Arrears Exceeding Six Weeks
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding six weeks. The landlord proved the arrears and the tenant did not attend the entire hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is more than six weeks in arrears.
📖 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 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 six weeks.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding six weeks. The landlord provided proof of the arrears, and the tenant failed to attend the hearing in full.
📚 Full judgment Official document
__________________________________________________________________________________ 5198003 1
[2025] NZTT 5198003
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
APPLICANT: [redacted] Agent For [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] T/A First National Collective Acting Agent For [NAME], at midnight on Sunday 20 April 2025.
2. [NAME] must pay [COMPANY] T/A First National Collective Acting Agent For [NAME] $1,487.00 immediately, calculated as shown in the table below.
3. [COMPANY] is to pay the bond of $1,760.00 (3076106-013) to [COMPANY] T/A First National Collective Acting Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 20 April 2025 $3,220.00 Filing fee reimbursement $27.00 Total award $3,247.00 Bond $1,760.00 Total payable by Tenant to Landlord $1,487.00
__________________________________________________________________________________ 5198003 2
Reasons:
1. Both parties attended the hearing. The landlord attended in person and [NAME] attended by phone. However, [NAME] ended the call before the hearing ended.
2. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed and is currently more than 6 weeks in arrears. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. As the landlord has been successful, the tenant must pay the filing fee.
A Macpherson 11 April 2025
__________________________________________________________________________________ 5198003 3
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/
__________________________________________________________________________________ 5198003 4
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 rent was more than six weeks in arrears.
- The landlord provided rent records proving the amount owing.
- The tenant did not attend the hearing until the end, then hung up.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to rent arrears exceeding six weeks.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant's failure to pay rent for over six weeks.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the rent arrears and the tenant did not fully participate in the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was the proof of rent arrears exceeding six weeks provided by the landlord.
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?
For someone in a similar situation, failing to pay rent for over six weeks could lead to the termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the arrears.