Tenancy Terminated for Rent Arrears: Tenant Ordered to Pay

OUTCOME: Allowed

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[2026] NZTT 5450628

TENANCY TRIBUNAL AT [Event location suppressed]

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

2. The tenancy of [RESPONDENT] and [RESPONDENT] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm on Wednesday 6 May 2026.

3. [RESPONDENT] and [RESPONDENT] must pay [The landlord/s] $5,463.00 immediately, calculated as shown in the table below:

4.

Description Landlord Tenant Rent arrears to 5 May 2026 $5,435.00 Filing fee reimbursement $28.00 Total award $5,463.00 Bond $2,720.00 Total payable by Tenant to Landlord $2,743.00

Reasons:

1. Both parties attended the hearing.

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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

Should the tenancy be terminated?

3. Where a landlord applies to terminate for breach and has issued 14-day notice which has not been complied with, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

4. The landlord issued a 14-day notice for rent arrears on the 19 February. Rent arrears grew by the due date of 5 March. The 14-day notice was not complied with.

5. Although the tenants made a payment on the 12 March, that payment did not extinguish the rent owed and the tenants were one week in arrears after that payment.

6. Rent is at least 55 days in arrears at the hearing date. The tenancy is terminated.

7. The tenant acknowledges that she owes rent but says that she has a set off because she had to spend up to four weeks rent on cleaning up the property after the landlord did not provide it in a reasonable condition.

8. The tenancy began on the 28 January this year. The tenant took over the tenancy after her daughter’s tenancy at the property was terminated. The tenant paid two weeks rent in advance and then did not pay any further rent until the 12 March when the tenant paid 4 weeks rent, which she said today was advanced to her by MSD. Even after the 4 weeks rent was paid the tenant still owed one week rent. In other words, apart from the first two weeks of her 16-week tenancy the tenant has been constantly in arrears. Since the payment of the 12 March the only rent paid was a payment of $5.00 on the 14 April 2026.

9. The tenant could not give me no other reason except that she had been busy with personal family matters as to why the rent had not been paid since the 12 March.

10. The landlord filed this claim in February, the tenant has known about the claim since 25 February when a Notice of Hearing was sent to the tenants along with the documents that the landlord had filed. Since that time other reminders and documents have been sent. The tenant has not filed her own claim alleging that the landlord did not provide her with a property that was reasonably clean and tidy that would allow her to set off any amount awarded against the rent owed.

11. I do not consider that this is a case where even if the tenant filed a set off claim that I would not terminate I say this for the following reasons:

a. The tenant is currently 55 days in arrears. Even if I accepted (and I make no determination on the tenant’s claim as it is not before me) on face value the

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tenant’s claims that the cost of cleaning and tidying up the place was four weeks rent (or 28 day) this would still mean that the rent would be 27 days in arrears, which is more than the 21 required for termination.

b. The tenant has not paid any rent since the 12 March and provided no good reason as why she had not.

c. Tenants cannot live in a property rent free. If they have claims which they consider should be offset against any rent, then they must bring those claims to the Tribunal.

d. The landlord has given the tenant 14-day notices for rent arrears, the tenant has not complied with those notices and continues to be in breach. I am not satisfied that the tenant would pay rent going forward.

How much does the tenant owe?

12. The landlord provided rent records which prove the amount owing at the end of the tenancy.

13. Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and grant them name suppression as requested.

[NAME] 06 May 2026

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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 [NAME] 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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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: