Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal at Whakatane decided to terminate the tenancy of a tenant because the rent was at least 21 days overdue. The landlord proved the amount owed through rent records, resulting in the termination of the tenancy and the landlord gaining possession of the property.
⚖️ 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.
📜 Headnote Official document
The Tenancy Tribunal at Whakatane 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 the granting of possession to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5123675
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
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 Agent For [NAME], at 5.00pm on Friday 14 March 2025.
2. The Bond Centre is to pay the bond of $1,880.00 to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $211.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 14 March 2025 $2,064.29 Filing fee reimbursement $27.00 Total award $2,091.29 Bond $1,880.00 Total payable by Tenant to Landlord $211.29
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Reasons:
1. The landlord attended the hearing via teleconference. The tenant was called on the numbers provided but did not respond. The absence of a party does not prevent the matter from being heard and determined.
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. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson 07 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 tenancy was ended because the rent was overdue by at least 21 days when the application was filed.
- The landlord provided records that showed the correct amount of rent owed at the end of the tenancy.
- The landlord was successful with their claim, so the tenant must pay back the filing fee.
- The absence of the tenant did not stop the tribunal from hearing and deciding the case.
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 overdue for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord provided proof of rent arrears exceeding 21 days.
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 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?
For someone in a similar situation, if rent is overdue for over 21 days, the tenancy can be terminated.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.