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Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision

Case No.

📌 In brief

The Tenancy Tribunal ended a tenant's lease and ordered them to leave the property and pay $1,992.85 for unpaid rent.

⚖️ Legal holding

A tenant's tenancy can be terminated if rent is at least 21 days in arrears.

Topics

rent arrearstermination of tenancy

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.55

This rule says that a landlord can ask the Tenancy Tribunal to end a tenancy. The Tribunal must end the tenancy if the rent was at least 21 days late when the landlord applied, or if the tenant caused significant damage, or threatened the landlord or their family.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The tenancy was terminated and the tenant ordered to pay rent arrears.

📜 Headnote Official document

The Tenancy Tribunal terminated the tenancy of a tenant for failing to pay rent arrears, ordering the tenant to vacate the premises and pay $1,992.85 immediately.

📚 Full judgment Official document

__________________________________________________________________________________ 5467110 1

[2026] NZTT 5467110

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 Kāinga Ora– [COMPANY] immediately.

2. [NAME] must pay [COMPANY] $1,992.85 immediately, being rent arrears to 16 June 2026.

__________________________________________________________________________________ 5467110 2

Reasons:

1. The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. A Request for Representation form had been provided to the tenant due to his current circumstances, but it was not completed. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

2. The landlord has applied for termination of the tenancy and rent arrears.

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 is as ordered.

[NAME]

16 June 2026

__________________________________________________________________________________ 5467110 3

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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

Reasons:

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The landlord's request for tenancy termination was granted because the rent was significantly overdue.
  • The landlord's claim for rent arrears was supported by their provided records.
  • The tribunal was satisfied that the tenant had been properly informed about the hearing.
  • The landlord attended the hearing as scheduled.

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 tenant's lease and ordered them to pay $1,992.85 for unpaid rent.

What was the dispute about?

The dispute was about unpaid rent arrears and the termination of the tenancy.

How did the court decide, and why?

The court decided to terminate the tenancy and order payment of rent arrears because the rent was at least 21 days overdue.

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 most important argument was that the rent was at least 21 days in arrears, allowing the landlord to terminate the tenancy.

Was the decision for or against the person who brought the case?

The decision was for the landlord, who brought the case to terminate the tenancy.

What does this mean for someone in a similar situation?

Someone in a similar situation could have their tenancy terminated if they fail to pay rent on time.

What evidence or documents mattered?

The landlord provided rent records proving the amount of rent arrears.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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