Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they had not paid their rent for over 21 days. The tenant was ordered to leave the property immediately and pay the landlord $2,984.13.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the landlord proves the arrears under the Residential Tenancies Act 1986.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
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 ordered the tenant to pay the landlord $2,984.13 immediately. The landlord provided proof of the arrears through rent records.
📚 Full judgment Official document
__________________________________________________________________________________ 5108849 1
[2025] NZTT 5108849
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] immediately.
2. [NAME] and [NAME] must pay [COMPANY] $2,984.13 immediately, calculated:
Description Landlord Rent Arrears up to 21 February 2025 $4,477.13 Application Filing Fee 27.00 Total award $4,504.13 Minus Bond $1,520.00 TOTAL $2,984.13
3. The Bond Centre is to refund the bond of $1,520.00 to [COMPANY] 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.
__________________________________________________________________________________ 5108849 2
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated; s 55(1)(a) Residential Tenancies Act 1986.
4. The Landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The Landlord has wholly succeeded with its claim, and I order the Tenants reimburse the Landlord’s application filing fee.
Addendum
6. [NAME]
26 February 2025
__________________________________________________________________________________ 5108849 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].
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
__________________________________________________________________________________ 5108849 4
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.
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].
http://www.tenancy.govt.nz/disputes/enforcing-decisions/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the rent was at least 21 days in arrears.
- The landlord provided rent records showing the exact amount owed.
- The landlord applied for termination of the tenancy under the Residential Tenancies Act 1986.
- The landlord requested a refund of the bond, which was granted.
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 $2,984.13 immediately.
What was the dispute about?
The dispute was about unpaid rent arrears that led to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the landlord because the landlord proved the rent arrears through rent records.
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 landlord's proof of rent arrears through rent records.
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 should ensure they pay their rent on time to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.