Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent on time. The landlord successfully argued that the tenant's repeated failure to pay rent constituted grounds for terminating the lease agreement.
⚖️ Legal holding
A tenant who fails to pay rent in arrears can have their tenancy terminated.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to persistent rent arrears, granting possession to the landlord and ordering the tenant to pay outstanding rent and fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5184391 1
[2025] NZTT 5184391
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Basham & N Waddell
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 A Basham & N Waddell, at 11:59pm today, Friday 9 May 2025.
2. The Bond Centre is to pay the bond of $980.00 (3140250-007) to [COMPANY] As Agent For A Basham & N Waddell immediately.
3. [NAME] must pay [COMPANY] As Agent For A Basham & N Waddell $1,087.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 9/5/25 $2,040.71 Filing fee reimbursement $27.00 Total award $2,067.71 Bond $980.00 Total payable by Tenant to Landlord $1,087.71
__________________________________________________________________________________ 5184391 2
Reasons:
1. The landlord attended the hearing, represented by [NAME].
2. The tenant did not attend and did not answer the calls made to his phone during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed and is well in excess of that today. The landlord provided rent records which prove the amount owing.
5. Accordingly, the tenancy is terminated. See section 55(1)(a) RTA.
6. [COMPANY] As Agent For A Basham & N Waddell has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
09 May 2025
__________________________________________________________________________________ 5184391 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 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/
__________________________________________________________________________________ 5184391 4
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 landlord's request for tenancy termination was granted because the rent was significantly overdue.
- The landlord provided records that confirmed the amount of rent owed by the tenant.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
❌ Tends to be rejected
- The tenant's arguments were not considered because they did not attend the hearing or answer calls.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant due to rent arrears.
What was the dispute about?
The dispute was about whether the tenant's repeated failure to pay rent justified the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days, as evidenced by the landlord's rent records.
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 most important argument was the landlord's proof of persistent rent arrears, which met the statutory requirements for termination.
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 due to rent arrears.
What does this mean for someone in a similar situation?
For tenants, this means that consistent failure to pay rent on time can lead to the termination of their tenancy. For landlords, it confirms their right to seek termination under such circumstances.
What evidence or documents mattered?
The landlord provided rent records showing that rent was at least 21 days in arrears when the application was filed.