Tenancy Terminated for Significant Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because of significant rent arrears. The landlord successfully proved the amount owed at the end of the tenancy.
⚖️ Legal holding
A tenant must pay outstanding rent arrears and vacate the premises when they are significant.
📖 Technical summary
The tenancy was terminated due to significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears. The landlord provided proof of the amount owing at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5104649
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted] Hongna Huang
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] For Hongna Huang, at midnight on Saturday 22 February 2025.
2. The Bond Centre is to pay the bond of $2,600.00 (3579808-004) to [COMPANY] For Hongna Huang immediately.
3. [NAME] must pay [COMPANY] For Hongna Huang $15,327.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 22 February 2025 $17,900.00 Filing fee reimbursement $27.00 Total award $17,927.00 Bond $2,600.00 Total payable by Tenant to Landlord $15,327.00
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Reasons:
1. Both parties attended the telephone hearing today.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The water charges claimed in the application have been paid.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenant did not really oppose the application. It is appropriate to terminate the tenancy because the rent arrears are significant. The tenancy will terminate at the end of the current rent week.
4. The tenant spoke about a meeting with WINZ in a few days and had some questions about the process and timing of eviction. The slightly delayed termination date (the landlord requested immediate termination) provides the tenant with a small amount of additional time to decide how best to manage his situation.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. The landlord’s application has succeeded. The filing fee is awarded.
[NAME]
19 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 rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owed.
- The tenant did not really oppose the application.
❌ Tends to be rejected
- The tenant's questions about the process and timing of eviction did not affect the decision.
- The tenant's mention of a future meeting with WINZ did not impact the ruling on rent arrears.
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 tenant must vacate the premises immediately.
What was the dispute about?
The dispute was about unpaid rent arrears that were significant.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears were significant and the tenant did not oppose the application.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the significant rent arrears proven 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 with significant rent arrears may face termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing at the end of the tenancy.