Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they were over 21 days late on rent payments. The landlord showed proof of the overdue rent and the tenant did not show up to the hearing.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they are more than 21 days in arrears.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord provided proof of the arrears and the tenant did not attend the hearing.
📚 Full judgment Official document
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[2026] NZTT 5474733
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm,Tuesday 16 June 2026.
2. [NAME] must pay [COMPANY] $2,920.85 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 16 June 2026 $2,920.85 Total award $2,920.85 Total payable by Tenant to Landlord $2,920.85
Reasons:
1. The landlord attended the hearing by telephone. The tenant did not attend and was telephoned twice on the phone number provided in the application form but there was no answer. The hearing proceeded.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. The landlord said that there had been no engagement from the tenant recently about addressing the rent arrears. A 14 day notice to remedy was sent on 6 January 2026 and was not complied with.
4. The landlord provided rent records which prove the amount owing at the date of the hearing establishing that the tenant was more than 21 days in arrears.
5. 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.
T Harris
16 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's application for tenancy termination, rent arrears, and bond refund was accepted.
- The landlord stated that the tenant had not engaged in addressing the rent arrears.
- A 14-day notice to remedy the arrears was sent to the tenant but was not complied with.
- The landlord provided rent records that proved the tenant was more than 21 days in arrears.
- The tenancy was terminated because the rent was at least 21 days in arrears when the application was filed.
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 the tenant was ordered to pay rent arrears to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears that exceeded 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant was more than 21 days in arrears, as proven by the landlord's records.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the proof of rent arrears exceeding 21 days 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?
Someone in a similar situation could face termination of their tenancy if they are more than 21 days late on rent payments.
What evidence or documents mattered?
The rent records provided by the landlord mattered as they proved the amount owing at the date of the hearing.