Tenancy Terminated for Rent Arrears - Tenancy Tribunal Judgment
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenants owed back rent. They were ordered to pay the landlord $4,415.56. This decision was made because the rent was at least 21 days overdue during the hearing.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears on the hearing date must have their tenancy terminated.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was submitted. It also covers situations involving substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to rent arrears and ordered the tenants to pay the landlord $4,415.56.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of two tenants due to rent arrears and ordered the tenants to pay the landlord $4,415.56. The Tribunal noted that rent was at least 21 days in arrears on the hearing date, thus requiring termination under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5156440
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] agent for [COMPANY]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as agent for [COMPANY], at the end of 17 April 2025.
2. The Bond Centre is to pay the bond of $1,800.00 (6399754-019) to [COMPANY] as agent for [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] as agent for [COMPANY] $4,415.56 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to the end of 14/4/25 $5,995.70 Rent to 17/4/25 $192.86 Filing fee reimbursement $27.00 Total award $6,215.56 Bond $1,800.00 Total payable by Tenant to Landlord $4,415.56
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Reasons:
1. The hearing was conducted remotely on Microsoft Teams.
2. [NAME], a property manager, attended the hearing for the landlord by video link.
3. The tenants did not attend. The Tribunal telephoned the tenants. [NAME] attended briefly by telephone but dropped out, and then did not answer when telephoned again. [NAME] did not answer the Tribunal’s telephone call.
4. The landlord has applied for termination of the tenancy for breach of the tenant’s rent obligations, rent arrears, reimbursement of the filing fee, and payment over of the bond.
Should the tenancy be terminated?
5. Where a landlord applies to terminate for breach for non-payment of rent, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.1
6. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
7. The landlord provided rent records which prove the amount owing today and at the end of the tenancy, which will be a further three days to give the tenants time to move out.
8. Orders are made for the rent arrears and rent to the end of the tenancy.
Filing fee
9. The tenants must reimburse the landlord for the filing fee.
1 See ss 55 and 56(2) of the Residential Tenancies Act 1986.
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Bond
10. The Tribunal will direct the Bond Centre to pay out the bond to the landlord in part-payment of the judgment debt.
R Kee
15 April 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's application for tenancy termination was accepted because the rent was at least 21 days in arrears on the hearing date.
- The landlord successfully claimed for rent arrears and future rent up to the end of the tenancy.
- The landlord was reimbursed for the filing fee.
- The bond was directed to be paid to the landlord as partial payment of the debt.
❌ Tends to be rejected
- The tenants' attempt to participate in the hearing was unsuccessful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy due to rent arrears and ordered the tenants to pay the landlord $4,415.56.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent that was at least 21 days overdue.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days overdue, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days overdue, which required 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?
Someone in a similar situation should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing today and at the end of the tenancy.