Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed back rent. The landlord was given possession of the property and received compensation for the outstanding rent.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy for rent arrears under the Residential Tenancies Act 1986.
📖 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, or 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 a tenant due to rent arrears and awarded damages to the landlord under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5167091 1
[2025] NZTT 5167091
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
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], today Thursday 24 April 2025 at 10.30 am.
2. The [COMPANY] is to pay the bond of $1,640.00 to [NAME] immediately.
3. [NAME] must pay [NAME] $2,517.00 immediately, calculated as shown in the table below:
4. [NAME] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
5. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Description Landlord Rent arrears $4,130.00 Filing fee reimbursement $27.00 Total award $4,157.00 Bond $1,640.00 Total payable by Tenant to Landlord $2,517.00
__________________________________________________________________________________ 5167091 2
Reasons:
1. The landlord attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears 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 which prove the amount owing at the end of the tenancy. Although the tenant would be liable for rent to a later date, the landlord confirmed that this was all the rent she was seeking.
5. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
6. The landlord is unable to contact the tenant, despite trying repeatedly for four months.
7. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
8. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
G Baker
24 April 2025
__________________________________________________________________________________ 5167091 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/
__________________________________________________________________________________ 5167091 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 proved that rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount of rent owed.
- The landlord confirmed they were only seeking the rent arrears shown.
- The landlord showed they tried to contact the tenant for four months without success.
- The value of the tenant’s goods left behind was below the cost of storing and disposing of them.
❌ Tends to be rejected
- The tenant's arguments are not detailed in the provided text.
- There are no specific arguments from the tenant mentioned in the decision.
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 for rent arrears.
What was the dispute about?
The dispute was about unpaid rent 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 at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 55(1)(a) and 62(3)(b), were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears provided by the landlord.
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 could have their tenancy terminated if they fall behind on rent payments.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears.