Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who had not paid rent for over 21 days. The landlord received the bond and was compensated for unpaid rent and filing fees.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or others connected to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord was awarded the bond and compensation for outstanding rent and filing fees.
📚 Full judgment Official document
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[2025] NZTT 5127570
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME] & [NAME], at 11.59 am on Thursday 27 February 2025.
2. The Bond Centre is to pay the bond of $2,200.00 (3036020-014) to [COMPANY] As Agent For [NAME] & [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] & [NAME] $319.85 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $2,492.85 Filing fee reimbursement $27.00 Total award $2,519.85 Bond $2,200.00 Total payable by Tenant to Landlord $319.85
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Reasons:
1. The landlord attended this video hearing.
2. The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
3. The landlord has applied for termination of the tenancy, rent arrears 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 records which prove the amount owing at the end of the tenancy will be $2,492.85.
6. As [COMPANY] As Agent For [NAME] & [NAME] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
S Young
21 February 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 landlord attended the video hearing, allowing their case to be heard.
- The landlord proved that the rent was at least 21 days in arrears when the application was filed, which allowed the tenancy to be terminated.
- The landlord provided rent records that showed the amount of money owed at the end of the tenancy.
- 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 the bond and compensation for rent arrears and filing fees.
What was the dispute about?
The dispute was about the non-payment of rent by the tenant, leading to 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, as required by the Residential Tenancies Act 1s 55(1)(a).
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a)
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears, allowing for termination of the tenancy.
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, it means that consistent non-payment of rent can lead to termination of their tenancy and financial penalties.
What evidence or documents mattered?
The rent records showing the amount owing at the end of the tenancy were crucial.