Tenancy Terminated for Rent Arrears Over Three Weeks
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent for over three weeks. The tenant was ordered to pay the landlord the outstanding rent and fees.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if rent remains unpaid for over three weeks.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and they failed to do so.
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 outstanding rent and fees.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding three weeks. The tenant was ordered to pay the landlord outstanding rent and fees.
📚 Full judgment Official document
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[2025] NZTT 5122010
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 agent for [NAME]) immediately.
2. The Bond Centre is to pay the bond of $1760.00 to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] (as agent for [NAME]) $1,787.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears 3 March 2025 $3,520.00 Filing fee reimbursement $27.00 Total award $3,547.00 Less bond $1,760.00 Total payable by Tenant to Landlord $1,787.00
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Reasons:
1. The application sought termination of the tenancy, rent arrears, and a methamphetamine testing cost.
2. The hearing took place by phone today. [NAME] represented the landlord. [NAME] provided [NAME]’s current contact details. I attempted to call [NAME] but the call went to voicemail. The hearing continued in [NAME]’s absence.
3. The tenancy began on 10 December 2024. The tenant paid two weeks’ rent in advance on 9 December 2024, but then made no more payments, and quickly fell into rent arrears.
4. On 3 January 2025 the landlord issued a breach notice for rent arrears.
5. [NAME] provided an updated rent record. The tenant made two payments of $440 on 18 February and 25 February.
6. The rent arrears to today are $3,520.00.
7. The application sought termination of the tenancy for breach.1 Because the rent is more than three weeks in arrears at the date of hearing, the Tribunal must make an order terminating the tenancy.2 [NAME] confirmed that the landlord is seeking termination.
8. The landlord carried out a methamphetamine test in January. The result was positive, at a low level. [NAME] said that the premises were contaminated by a previous tenant but the landlord had de-contamination work done that removed all methamphetamine before the start of this tenancy.
[NAME]
03 March 2025
1 Section 56(1) Residential Tenancies Act 1986 2 Section 56(2) RTA
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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 remained unpaid for over three weeks.
- The tenant fell into rent arrears quickly after the tenancy began.
- The landlord issued a breach notice for rent arrears.
- The landlord confirmed they are seeking termination of the tenancy.
❌ Tends to be rejected
- The positive methamphetamine test result did not affect the decision on rent arrears and termination.
- The decontamination work done by the landlord did not impact the decision on rent arrears.
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 three weeks.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant's failure to pay rent for over three weeks.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was more than three weeks in arrears at the date of hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1.986, section 56 was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was more than three weeks in arrears at the date of hearing.
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 remains unpaid for over three weeks, the tenancy can be terminated.
What evidence or documents mattered?
The evidence that mattered included the rent records showing the arrears and the breach notice issued by the landlord.