Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the rent was at least 21 days overdue. The 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 states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
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 the Residential Tenancies Act 1986, s 55(1)(a).
📚 Full judgment Official document
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[2025] NZTT 5108926
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], at 11.59pm on Wednesday 9 April 2025.
2. The [COMPANY] is to pay the bond of $2,070.00 (6468822-002) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $2,677.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 9 April 2025 $4,720.00 Filing fee reimbursement $27.00 Total award $4,747.00 Bond $2,070.00 Total payable by Tenant to Landlord $2,677.00
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Reasons:
1. This application was scheduled to be heard by video conference. The tenants did not link to the Teams link provided to them and nor did they answer the calls I made to their phones. The hearing proceeded in their absence.
2. The landlord has applied for termination of the tenancy, rent arrears, water charges, reimbursement of the filing fee and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed and so the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing as at today’s date - $4,720.00.
5. The landlord has also applied for payment of outstanding water charges.
6. I am dismissing this part of the claim because tenants are only required to pay for water that is based on their consumption. I understood from today’s hearing that two units share the water charges and there is no check meter to establish exactly how much water is consumed in each unit.
7. This part of the landlord’s claim is dismissed accordingly.
8. I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was substantially successful in the claim against them.
C ter Haar
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 rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owing.
- The landlord was substantially successful in the claim, so the filing fee was reimbursed.
❌ Tends to be rejected
- The claim for outstanding water charges was dismissed because tenants are only required to pay for water based on their consumption.
- There was no check meter to establish exactly how much water was consumed in each unit.
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 rent was at least 21 days overdue.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to rent arrears exceeding 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days overdue, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 55(1)(a) was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days overdue, which allowed 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 arrears exceed 21 days, the tenancy can be terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing as of the date of the hearing.