Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded damages to the landlord. The tenant did not attend the hearing and failed to remedy the breach within the required period.
⚖️ Legal holding
A tenant must remedy breaches of the tenancy agreement within the specified period or face termination of the tenancy.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the landlord was awarded damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded damages to the landlord. The tenant failed to remedy the breach within the required period.
📚 Full judgment Official document
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[2025] NZTT 5241371
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 [NAME], at 5:00pm on Wednesday 11 June 2025.
2. The Bond Centre is to pay the bond of $1,920.00 (BN-00073238) to [NAME] immediately.
3. [NAME] must pay [NAME] $3,387.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 13 June 2025 $5,280.00 Filing fee reimbursement $27.00 Total award $5,307.00 Bond $1,920.00 Total payable by Tenant to Landlord $3,387.00
Reasons:
1. The landlord attended the hearing. The tenant did not.
2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
3. The landlord has applied for termination of the tenancy, possession, rent arrears, refund of the bond and reimbursement of the filing fee.
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Should the tenancy be terminated?
4. Rent was at least 21 days in arrears on the date the application was filed.
5. The landlord served a 14-day notice on the tenant on 16 April 2025 requiring the tenant to remedy this breach of the tenancy agreement. The tenant did not remedy this breach within the required period.
6. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
8. Although the tenancy ends on 11 June 2025, the landlord cannot, pursuant to section 138(1)(a) of the District Court Act 2016, enforce the eviction order for 48 hours, and is unlikely to be able to take possession of the premise until Friday 13 June 2025. This gives the tenant time to move any belongings out of the premise that she wants to retain and has led to rent being charged until the 13 June 2025.
Reimbursement of the filing fee
9. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
11 June 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 tenant did not remedy the rent arrears within the specified 14-day period.
- The landlord provided proof of rent arrears through rent records.
- The landlord served proper notice to the tenant regarding the breach of the tenancy agreement.
- The tenant chose not to attend the hearing despite receiving proper notice.
❌ Tends to be rejected
- The tenant did not provide any reason for failing to remedy the rent arrears.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
- The tenant did not request a rehearing or appeal the decision within the specified timeframe.
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 landlord was awarded damages due to rent arrears.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent constituted a breach of the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not remedy the breach of paying rent within the required period.
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 tenant failed to remedy the breach of paying rent within the required period.
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 should ensure they remedy any breaches of the tenancy agreement within the required period to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.