Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent that was over 21 days late. The landlord was awarded the outstanding rent, water rates, and the bond was transferred to the landlord.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 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 submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened to assault the landlord or certain other people.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the landlord's claim was successful.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord successfully claimed for rent arrears, water rates, and bond repayment under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5214193
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
AMENDED ORDER
1. This order is to replace the earlier order dated 4 June 2025 to include the termination order.
2. The tenancy of [NAME] and [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
3. [COMPANY] is to pay the bond of $3,500.00 (6502318-010) to [COMPANY] immediately.
4. [NAME] and [NAME] must pay [COMPANY] $8,786.27 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 4 June 2025 $11,803.27 Water rates $456.00 Filing fee reimbursement $27.00 Total award $12,286.27 Bond $3,500.00 Total payable by Tenant to Landlord $8,786.27
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Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the calls went to voicemail.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates 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 and water rates which prove the amount owing at the end of the tenancy.
5. The landlord had applied for damage to the premises but is awaiting an outcome from the insurance claim. The landlord will file a new application for damage when the claim is finalised and will also file invoices for work done and a pre tenancy inspection report.
6. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
N Walker
04 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
- Rent was at least 21 days in arrears.
- The landlord provided proof of rent arrears through rent records.
- The landlord proved the amount owing through water rates and filing fees.
- The landlord applied for termination of the tenancy based on rent arrears.
❌ Tends to be rejected
- The tenant did not attend the hearing to contest the claims.
- No new evidence was presented by the tenant to dispute the landlord's claims.
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 rent arrears, water rates, and the bond was transferred to the landlord.
What was the dispute about?
The dispute was about the tenant owing rent that was over 21 days late, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was over 21 days late, as required by the Residential Tenancies Act 1986.
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 that the rent was over 21 days late, 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.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is over 21 days late, the tenancy can be terminated and the landlord can be awarded rent arrears and other costs.
What evidence or documents mattered?
The rent records and water rates provided by the landlord mattered in proving the amount owing at the end of the tenancy.