Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the rent was over 21 days late. The landlord showed proof of the overdue rent, resulting in the termination of the lease and an order for the tenant to pay the outstanding rent.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent was at least 21 days late when the application was made. It also allows termination for substantial damage or assault.
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, leading to the termination of the tenancy and an order for the tenant to pay the outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5154173
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 11 [NAME], Foxton, Foxton 4814
ORDER
1. The tenancy of [NAME] at 11 [NAME], Foxton, Foxton 4814 is terminated, and possession is granted to [COMPANY] as agent for [NAME], at 11:59pm on 26 March 2025.
2. [NAME] must pay [COMPANY] as agent for [NAME] $2,491.29 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears $4,744.29 Filing fee reimbursement $27.00 Total award $4,771.29 Bond $2,280.00 Total payable by Tenant to Landlord $2,491.29
3. The Bond Centre is to pay the bond of $2,280.00 (number unknown) to [COMPANY] as agent for [NAME] immediately.
Reasons:
1. Both parties attended the hearing.
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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.
4. There was some discussion around the end of tenancy date, and the date the landlord was able to take possession. This is fixed by agreement for 26 March 2025.
5. The landlord provided rent records which prove the amount owing of $4,744.29 at the end of the tenancy.
6. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 24 March 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
- Rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The landlord requested termination of the tenancy due to rent arrears.
- Both parties agreed on the date for terminating the tenancy.
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 due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the rent was over 21 days late.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was over 21 days late.
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 argument that mattered most was the proof provided by the landlord showing that the rent was over 21 days late.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
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.
What evidence or documents mattered?
The evidence that mattered was the rent records provided by the landlord showing the amount owing.