Tenancy Terminated for Repeated Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who repeatedly failed to pay rent over a 90-day period. The landlord followed proper notice procedures as required by law.
⚖️ Legal holding
A tenant's tenancy can be terminated if they fail to pay rent three times within 90 days despite proper notice.
📖 Technical summary
The tenancy was terminated due to repeated rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated rent arrears over a 90-day period, following proper notice procedures as outlined in the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5161712
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] As Agent For [COMPANY], at 4pm on Monday 7 April 2025.
2. This order incorporates the order made by the Tribunal under application 5022188 on 15 January 2025.
3. [NAME] must pay [COMPANY] As Agent For [COMPANY] $762.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 2/4/2025 $735.71 Filing fee reimbursement $27.00 Total award $762.71 Total payable by Tenant to Landlord $762.71
Reasons:
1. The hearing was conducted by phone. Mr [NAME] represented the landlord. [NAME] could not be contacted at the time of the hearing. I am satisfied he did receive notice of the hearing and so it proceeded in his absence.
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2. The landlord has applied for termination of the tenancy and rent arrears. The weekly rent increased from $350.00 to $370.00 on 2 July 2024 but since that time [NAME] has not paid the additional $20.00 per week.
Should the tenancy be terminated?
3. The Tribunal shall terminate a tenancy where:
a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and
b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and
c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
4. In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
5. The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
6. [NAME] is encouraged to contact the landlord to discuss this order as soon as possible.
7. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
J Robson
03 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 provided proof of three separate occasions within a 90-day period where rent was at least 5 working days in arrear.
- Written notices were given to the tenant each time rent was overdue, detailing the dates, amounts, and the tenant’s rights.
- The landlord’s application to the Tribunal was made within 28 days after giving the third notice.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments to dispute the landlord's claims.
- No attempts were noted by the tenant to contact the landlord to resolve the rent arrears before the tribunal hearing.
- The tenant was absent during the hearing and did not challenge the validity of the notices received.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of the tenant due to repeated rent arrears over a 90-day period.
What was the dispute about?
The dispute was about whether the tenant's repeated failure to pay rent justified terminating their tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent three times within 90 days despite receiving proper notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant received proper notice of the rent arrears and failed to pay the rent three times within 90 days.
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, repeated failure to pay rent within 90 days can lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered included records of rent payments and notices sent to the tenant.