Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ruled to terminate the tenancy of a tenant due to unpaid rent arrears. The landlord was awarded damages as per the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant who fails to pay rent in a timely manner may have their tenancy terminated and be liable for damages.
📖 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 to the property or assaults the landlord or their family/agent.
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 decision was based on the Residential Tenancies Act 1986, section 55(1)(a).
📚 Full judgment Official document
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[2025] NZTT 5120788
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Kopuku, RD 1, Maramarua 2471
ORDER
1. The tenancy of [NAME] at [ADDRESS], Kopuku, RD 1, Maramarua 2471 is terminated, and possession is granted to [NAME], at 11:59pm on 10 March 2025.
2. [NAME] must pay [NAME] $6,750.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 10 March 2025 $9,750.00 Total award $9,750.00 Bond $3,000.00 Total payable by Tenant to Landlord $6,750.00
3. The Bond Centre is to pay the bond of $3,000.00 (6528238-001) to [NAME] immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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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 of $9,750.00 at the end of the tenancy, being 10 March 2025.
R Harvey-Lane 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 tenant failed to pay rent in a timely manner.
- The landlord provided proof of the rent arrears amounting to $9,750.00.
- The rent was at least 21 days in arrears when the application was filed.
- The landlord applied for termination of the tenancy, rent arrears, and refund of the bond.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments to dispute the rent arrears.
- The tenant did not attend the hearing to contest the termination of the tenancy.
- The tenant did not challenge the calculation of the total amount owing.
- The tenant did not present any mitigating circumstances for the rent arrears.
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 and awarded damages to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, leading to arrears.
How did the court decide, and why?
The court decided to terminate the tenancy and award damages to the landlord because the tenant failed to pay rent in a timely manner, as required by the Residential Tenancies Act 1986.
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 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?
For tenants facing similar situations, it means that failing to pay rent on time could lead to termination of the tenancy and liability for damages.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.