Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant due to unpaid rent and awarded damages to the landlord. The landlord proved the rent was at least 21 days overdue and the tenancy was terminated under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy for rent arrears under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage to the property or assaults the landlord or their family.
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 landlord provided proof of arrears and the tenancy was terminated under section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5117809
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], today at 11.59 pm Monday 3 March 2025.
2. The [COMPANY] is to pay the bond of $1,800.00 to [NAME] immediately.
3. [NAME] and [NAME] must pay [NAME] $5,871.62 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to termination $7,392.85 Water rates $251.77 Filing fee reimbursement $27.00 Total award $7,671.62 Bond $1,800.00 Total payable by Tenant to Landlord $5,871.62
Reasons:
1. The landlord attended the hearing by telephone.
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2. The tenant was telephoned on two telephone numbers. One did not connect, the other was not answered and so two messages were left.
3. The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
4. 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.
5. The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy.
6. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
G Baker
03 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/
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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 tenancy was ended because the rent had not been paid for at least 21 days when the application was filed.
- The landlord provided records that proved the amount of rent and water rates owed.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
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 terminating the tenancy due to unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the rent was at least 21 days overdue.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The landlord's argument that the rent was at least 21 days overdue was the most important.
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 can terminate their tenancy if they can prove the rent is at least 21 days overdue.
What evidence or documents mattered?
The landlord provided rent and water rates records to prove the amount owing at the end of the tenancy.