Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they had not paid rent for over 21 days, following the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears can have their tenancy terminated.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days late when the application was made. It also allows termination for substantial damage caused by the tenant or for assault or threats against the landlord or others.
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, as per the Residential Tenancies Act 1986, s 55(1)(a).
📚 Full judgment Official document
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[2025] NZTT 5181754
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 Agents for [NAME], at 2.30pm on Wednesday 19 March 2025.
2. The tenant has vacated the premises and so the landlord may take immediate possession of them.
3. The Bond Centre is to pay the bond of $1,200.00 (5270413-015) to [COMPANY] as Agents for [NAME] immediately.
4. [NAME] must pay [COMPANY] as Agents for [NAME] $2,727.00 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 25 March 2025 $3,900.00 Filing fee reimbursement $27.00 Total award $3,927.00 Less bond $1,200.00 Total payable by Tenant to Landlord $2,727.00
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Reasons:
1. The hearing was conducted by telephone. Both parties attended.
2. The landlord has applied for termination of the tenancy, rent arrears and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. Therefore, the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (the Act).
4. The landlord provided rent records which proved the amount owing as ordered.
5. The tenant confirmed that he has vacated the premises although some of his belongings remain there. The landlord offered the tenant 24 hours to remove them from the premises. The tenant said that he could not remove them within that time. I encouraged the parties to cooperate with each other to arrange for the tenant’s belongings to be removed from the premises. Failing that, the Act sets out the landlord’s responsibilities regarding them.
6. The landlord has succeeded and so the tenant must pay the filing fee.
R Armstrong
19 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
- The rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owed.
- The tenant confirmed they had vacated the premises.
❌ Tends to be rejected
- The tenant could not provide proof of payment for the rent arrears.
- The tenant did not dispute the amount of rent arrears claimed by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated 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 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 rent was at least 21 days in arrears, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a)
What was the argument that mattered most?
The argument that mattered most was proving that the rent was at least 21 days in arrears.
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 where rent is at least 21 days in arrears may face termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent owed.