Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent for over 21 days. The tenant was ordered to pay the landlord $1,955.57.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they fail to pay rent for at least 21 days.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days late when the application was made. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant was ordered to pay the landlord $1,955.57.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay the landlord $1,955.57. The landlord proved the rent arrears on the date of application, meeting the civil standard of proof.
📚 Full judgment Official document
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[2025] NZTT 5165711
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [[NAME]], at 11:59pm, Monday 10 March 2025.
3. [NAME] must pay [[NAME]] $1,955.57 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 10 March 2025 $4,928.57 Filing fee reimbursement $27.00 Total award $4,955.57 Bond $3,000.00 Total payable by Tenant to Landlord $1,955.57
4. The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [[NAME]] immediately.
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Reasons:
1. The landlord attended the hearing. The tenant did not.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION
4. The landlord provided a rent summary, which proves that rent arrears were $2,357.14 on 14 February 2025, which is the date the application was filed.
5. 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.
RENT ARREARS
6. The landlord’s rent summary proves the rent arrears are $4,928.57 up to 10 March 2025, which is end of the tenancy. The landlord’s claim for rent arrears is granted in full for this amount.
FILING FEE
7. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 10 March 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/
__________________________________________________________________________________ 5165711 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 rent arrears were at least 21 days overdue.
- The landlord provided a rent summary showing the exact amount of arrears.
- The landlord met the civil law standard of proof on the balance of probabilities.
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 tenant was ordered to pay the landlord $1,955.57.
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 landlord proved that rent was at least 21 days in arrears.
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 landlord proved the rent was at least 21 days in arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
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 for at least 21 days.
What evidence or documents mattered?
The rent summary provided by the landlord was the key evidence.