Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because their rent was over 21 days late. The tenant had to pay back $3,877.00 to the landlord, which included the amount owed for rent arrears and the filing fee.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
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, ordering the tenant to pay $3,877.00 to the landlord immediately.
📚 Full judgment Official document
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[2025] NZTT 5122470
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], North New Brighton, Christchurch 8083
ORDER
1. The tenancy of [NAME] at [ADDRESS], North New Brighton, Christchurch 8083 is terminated, and possession is granted to [COMPANY], at 11.59pm on Thursday 3 April 2025.
2. [COMPANY] is to pay the bond of $2,200.00 to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $3,877.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 3 April 2025 $6,050.00 Filing fee reimbursement $27.00 Total award $6,077.00 Bond $2,200.00 Total payable by Tenant to Landlord $3,877.00
Reasons:
1. Both parties attended the hearing which was held remotely.
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2. The landlord has applied for termination of the tenancy, rent arrears, 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 - $6050.00. I note that the last payment of rent was on 14 February 2025.
5. Further to this, because [COMPANY] has wholly succeeded with the claim I must order [NAME] to reimburse them the filing fee.
C ter Haar
03 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 landlord's application for tenancy termination was granted because the rent was at least 21 days overdue when the application was filed.
- The landlord successfully proved the amount of rent owing by providing rent records.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
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 of the tenant due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because they were over 21 days late on rent payments.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was over 21 days late, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears exceeding 21 days, which met the criteria for terminating the tenancy under the Act.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as the tenancy was terminated and the tenant had to pay back the rent arrears.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is over 21 days late, the tenancy can be terminated and the tenant may have to pay back the rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears as of the hearing date.