Tenancy Terminated for Rent Arrears of 21+ Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they had not paid rent for over 21 days. The tenant was ordered to pay the landlord $4,655.60, which includes unpaid rent, water bills, and the landlord's filing fee.
⚖️ Legal holding
A landlord can terminate a tenancy for rent arrears of at least 21 days on the hearing date.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days overdue when the landlord first applied to the Tribunal. It also covers situations where a 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 and the tenant owes the landlord $4,655.60.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears of at least 21 days on the hearing date. The tenant was ordered to pay the landlord $4,655.60, including rent arrears, water rates, and filing fees.
📚 Full judgment Official document
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[2025] NZTT 5236971
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm, Tuesday 10 June 2025.
2. The [COMPANY] is to pay the bond of $1,040.00 (3339509-009) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $4,655.60 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 9 June 2025 $5,400.00 Water rates to 5 May 2025 $268.60 Filing fee reimbursement $27.00 Total award $5,695.60 Bond $1,040.00 Total payable by Tenant to Landlord $4,655.60
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Reasons:
1. The landlord attended the hearing via phone. A call to the tenant went to voicemail.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
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. The landlord provided rent records which prove the amount owing in rent arrears as at 9 June 2025 is $5,400.00. As rent was at least 21 days in arrears on the date of the hearing, the tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent records which prove the amount owing in rent arrears as at 9 June 2025 is $5,400.00.
6. The amount ordered is proved.
How much is owed for water rates?
7. The landlord provided water rates invoices which prove the amount owing for water consumption to 5 May 2025 is $268.60. The landlord’s records provided show the tenant has not made any payments towards water rates during the tenancy.
8. The amount ordered is proved.
Should the tenant reimburse the landlord’s application fee?
9. As the landlord has succeeded with the claim the tenant must reimburse the filing fee.
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Should the bond be released to the landlord?
10. The [COMPANY] records indicate $1,040 is held as bond. That amount is to be refunded to the landlord in partial payment of the total award.
[NAME]
10 June 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 proved the tenant owed $5,400.00 in rent arrears as of June 9, 2025.
- The tenant's rent was at least 21 days in arrears on the hearing date, which legally requires the tenancy to be terminated.
- The landlord provided invoices that proved the tenant owed $268.60 for water consumption.
- The landlord succeeded with the claim, so the tenant must reimburse the filing fee.
- The bond of $1,040.00 was to be refunded to the landlord as partial payment of the total amount owed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy and ordered the tenant to pay the landlord $4,655.60.
What was the dispute about?
The dispute was about the landlord terminating the tenancy due to the tenant's failure to pay rent for over 21 days.
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, 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 tenant had not paid rent for over 21 days, allowing the landlord to terminate 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?
For someone in a similar situation, if rent is not paid for over 21 days, the landlord can terminate the tenancy and seek payment of outstanding debts.
What evidence or documents mattered?
The evidence included rent records and water rates invoices showing the tenant's arrears.