Tenancy Terminated for Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent arrears for over 21 days. The tenant was ordered to pay the landlord $3,546.45.
⚖️ Legal holding
A tenant's tenancy can be terminated by the Tenancy Tribunal for rent arrears of at least 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant was ordered to pay the landlord $3,546.45.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding 21 days. The tenant was ordered to pay the landlord $3,546.45.
📚 Full judgment Official document
__________________________________________________________________________________ 5067860 1
[2025] NZTT 5067860
TENANCY TRIBUNAL - Christchurch | Ōtautahi
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, Wednesday 26 February 2025.
2. The [COMPANY] is to pay the bond of $1,179.56 (3090818-013) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $3,546.45 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 26/02/25 $4,699.01 Filing fee reimbursement $27.00 Total award $4,726.01 Bond $1,179.56 Total payable by Tenant to Landlord $3,546.45
Reasons:
1. Both parties attended the telephone hearing.
2. [NAME] and [NAME] attended on behalf of the landlord.
3. The landlord has applied for termination of the tenancy for rent arrears and refund of the bond.
__________________________________________________________________________________ 5067860 2
Should the tenancy be terminated?
4. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
6. The tenant suggested he was owed money by the landlord for painting work he had completed at the property. However, no information or evidence in relation to this was before me and no cross application has been made by the tenant.
7. The tenant is welcome to make a Tribunal application of his own in relation to these claims.
8. The landlord gave evidence that they had accepted two weeks’ notice from the tenant in order to reduce the rent arrears obligation, but the tenant had not been able to vacate by the required date.
9. The tenant confirmed that he was in the process of moving out and required another day or so.
10. I have ended the tenancy at the end of the current rent period being 26 February 2025 so that the tenant is able to finish moving out and complete his end of tenancy obligations in terms of cleaning and removing all rubbish.
How much does the tenant owe?
11. The landlord provided rent records which prove the amount owing to 12 February 2025 being $3,699.01 with an extra $500 per week for each of the two additional weeks to the termination date creating a rent obligation of $4,699.01.
12. As [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
24 February 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the tenant owed rent for at least 21 days by the hearing date, which legally requires tenancy termination.
- The landlord provided rent records that showed the amount owed up to the termination date.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
- The tenancy was ended at the end of the current rent period to allow the tenant to finish moving and complete end-of-tenancy obligations.
❌ Tends to be rejected
- The tenant's claim that the landlord owed him money for painting work was not supported by any evidence.
- The tenant did not make a separate application to the Tribunal regarding his claims of being owed money for painting work.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay the landlord $3,546.45.
What was the dispute about?
The dispute was about terminating the tenancy due to unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears exceeded 21 days.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent arrears were over 21 days.
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?
Someone in a similar situation could face termination of their tenancy if they have rent arrears over 21 days.
What evidence or documents mattered?
The rent records showing the arrears were the key evidence.