Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent for over 21 days. The landlord showed proof of the arrears, and the tenant did not show up for the hearing, even though they admitted they couldn't afford the rent.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days results in termination of the tenancy.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 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 despite acknowledging inability to afford the rent.
📚 Full judgment Official document
__________________________________________________________________________________ 5230195 1
[2025] NZTT 5230195
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
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] - As [COMPANY], at 11:59pm on Monday, 2 June 2025.
2. The [COMPANY] is to pay the bond of $900.00 (3898926-002) to [COMPANY] - As [COMPANY] immediately.
3. [NAME] must pay [COMPANY] - As [COMPANY] $5,587.00 immediately, calculated as shown in the table below:
Description Landlord Rent arrears $6,460.00 Filing fee reimbursement $27.00 Total award $6,487.00 Bond $900.00 Total payable by Tenant to Landlord $5,587.00
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Reasons:
1. Representatives of the landlord attended the hearing. The tenant did not attend. She had applied for an adjournment, but her request was declined. She then advised the Tribunal that she would not attend the hearing. Notwithstanding that advice, I did attempt to call her during the hearing, but the call went to voicemail.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. 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. In an email to the Tribunal the tenant acknowledged that she could not afford to stay at the property but asked for time to move. The landlord was prepared for her to stay until the end of the current rent cycle; to Monday 2 June 2025. I think that is appropriate and have made an order accordingly.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. As the landlord was the successful party, I have also awarded reimbursement of the Tribunal application fee.
R Morgan
29 May 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's request for tenancy termination was accepted because the rent was overdue for at least 21 days.
- The landlord provided records that proved the amount of rent owed at the end of the tenancy.
- The landlord was awarded reimbursement for the application fee because they were the successful party.
- The tenant acknowledged in an email that she could not afford to stay at the property.
- The landlord agreed to let the tenant stay until the end of the current rent cycle.
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 21 days.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent for over 21 days justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the rent was at least 21 days in arrears, and the tenant did not contest this fact.
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 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 might face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.