Tenancy Terminated for Significant Rent Arrears
📌 In brief
The Tenancy Tribunal at Manukau terminated a tenant's lease due to significant rent arrears. The decision was based on the Residential Tenancies Act 1986, which allows landlords to terminate tenancies if rent is significantly overdue.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is significantly in arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal at Manukau terminated the tenancy of a tenant due to significant rent arrears. The decision was based on section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5504392
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 14 Tonu'u Court, Flat Bush, Auckland 2019
ORDER
1. The tenancy of [NAME] at 14 Tonu'u Court, Flat Bush, Auckland 2019 is terminated, and possession is granted to [COMPANY], at midnight on Thursday 18 June 2026.
2. The Bond Centre is to pay the bond of $160.00 (3380542-004) to Kāinga Ora– Homes And Communities immediately.
3. [NAME] must pay [COMPANY] $4,542.40 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 18 June 2026 $4,702.40 Total award $4,702.40 Bond $160.00 Total payable by Tenant to Landlord $4,542.40
Reasons:
1. The landlord attended the hearing today by videoconference.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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3. Rent was at least 21 days in arrears on the date the application was filed. No rent has been paid for about 8 weeks. Although the application held out the possibility of a conditional termination order, due to the lack of engagement from the tenant, the landlord now seeks a final termination order.
4. Given the significant arrears, it is appropriate to terminate the tenancy pursuant to section 55(1)(a) of the Residential Tenancies Act 1986.
5. The rent arrears are established based on the landlord’s rent summary.
[NAME]
18 June 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 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, 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The rent was significantly in arrears, with no payments made for about 8 weeks.
- The landlord provided a rent summary establishing the arrears.
- The tenant showed no engagement or effort to address the arrears.
- The landlord sought a final termination order due to the tenant's lack of response.
❌ Tends to be rejected
- There are no specific arguments presented by the tenant that were rejected in the text provided.
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 tenant's tenancy due to significant rent arrears.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was significantly in arrears, as allowed under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was the significant rent arrears, which justified the 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?
For a tenant facing similar rent arrears, their tenancy could also be terminated unless they can resolve the arrears.
What evidence or documents mattered?
The evidence included the landlord's rent summary showing significant arrears.
