Tenancy Terminated for Rent Arrears - Tenancy Tribunal Judgment
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant failed to pay rent arrears. The landlord was given possession of the property and ordered to receive payment for the outstanding rent and filing fees.
⚖️ Legal holding
A tenant who fails to pay rent in arrears loses their tenancy rights.
📖 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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was granted possession of the property.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and granted possession of the property to the landlord. The tenant had left the tenancy formally from 26 October 2024, leaving the landlord as the sole tenant from that date. The landlord provided rent records proving the amount owing at the end of the tenancy.
📚 Full judgment Official document
__________________________________________________________________________________ 5082048 1
[2025] NZTT 5082048
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
[COMPANY] as agent for the owner
Landlords
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] and [COMPANY], at 8pm Sunday 2 March 2025.
2. [NAME] and [NAME] must pay [NAME] and [COMPANY] $5,417.00 immediately, being rent arrears to 25 October 2024 of $5,390.00 and the filing fee of $27.00.
3. [NAME] must pay [NAME] and [COMPANY] $9,430.00 immediately, being rent arrears from 26 October 2024 to 2 March 2025, less the bond as applied.
4. The [COMPANY] is to pay the bond of $3,080.00 (3470621-004) to [NAME] and [COMPANY] immediately.
__________________________________________________________________________________ 5082048 2
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. [NAME] left the tenancy formally from 26 October 2024. The monetary orders reflects his exit from the joint tenancy on 25 October 2024, with [NAME] remaining as the sole tenant from that date.
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 is as ordered.
6. There are outstanding water rates. These were not sought as part of this application and will need a second application, as required.
Filing fee
7. [NAME], [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
28 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 tenant failed to pay rent that was at least 21 days in arrears.
- The landlord provided rent records proving the amount of rent arrears.
- The landlord applied for termination of the tenancy due to unpaid rent arrears.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The tenant did not dispute the accuracy of the rent records provided by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to rent arrears, and the landlord was granted possession of the property.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the 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 when the application was filed, as per 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 argument that mattered most 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 someone in a similar situation, failing to pay rent arrears can lead to the termination of their tenancy and loss of possession of the property.
What evidence or documents mattered?
The evidence that mattered was the rent records provided by the landlord.