Tenancy Terminated for Rent Arrears - Tenancy Tribunal Judgment
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant did not pay rent on time. The landlord was given possession of the property and received compensation for the unpaid rent.
⚖️ Legal holding
A tenant is required to pay rent arrears and the landlord is entitled to terminate the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the 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 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 the rent arrears, and the tenant failed to attend the hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5228971 1
[2025] NZTT 5228971
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. The Bond Centre is to pay the bond of $2,100.00 (BN-00048714) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $2,652.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears owing as at today Filing fee
$4,725.00 $27.00
Total award $4,752.00 Bond $2,100.00 Total payable by Tenant to Landlord $2,652.00
Reasons:
1. Only the landlord attended the hearing.
__________________________________________________________________________________ 5228971 2
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 at the end of the tenancy.
5. The tenant attempted to sign the bond over the landlord but her signature did not match. The tenant emailed the tribunal today to say she thought the hearing would not go ahead since she had done that.
6. The amount she owes exceeds the bond but in any event, as the landlord then explained to her, she had not correctly applied her signature.
7. The landlord has not sought suppression of its name.
8. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
09 May 2025
__________________________________________________________________________________ 5228971 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].
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/
__________________________________________________________________________________ 5228971 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 provided rent records proving the amount of rent arrears.
- The rent was at least 21 days in arrears when the application was filed.
- The landlord applied for termination of the tenancy under the Residential Tenancies Act 1986.
❌ Tends to be rejected
- The tenant attempted to sign the bond over the landlord but her signature did not match.
- The tenant believed the hearing would not go ahead due to her actions.
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 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, specifically 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?
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 were crucial in proving the rent arrears.