Tenancy Terminated for Significant Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant due to significant unpaid rent and ordered the tenant to pay the landlord $12,537.00. This decision was made under section 55(1)(a) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated for significant rent arrears under section 55(1)(a) of the Residential Tenancies Act 1986.
📖 What the law says
This section says that a Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days late when the application was made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant was ordered to pay the landlord $12,537.00.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to significant rent arrears and ordered the tenant to pay the landlord $12,537.00. The decision was based on section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5201691
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at midnight on Thursday 10 April 2025.
2. [NAME] and [NAME] must pay [NAME] $12,537.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 8 April 2025 $12,510.00 Filing fee reimbursement $27.00 Total award $12,537.00 Total payable by Tenant to Landlord $12,537.00
Reasons:
1. The landlord attended the telephone hearing today. The tenants were served with the application by post and email on 24 March 2025. I called the phone number provided in the tenancy agreement twice. The voicemail message indicated that this was [NAME] and [NAME]’s phone.
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2. I am satisfied that the tenants were served with the application and could have contacted the Tribunal to confirm their details.
3. The application has been made by the landlord’s estate. The property is to be sold so administration of the estate can be completed. Both parties have served notices of termination which have not yet expired. The landlord seeks immediate termination for rent arrears.
4. Rent was at least 21 days in arrears on the date the application was filed. No rent has been paid since January 2025 and the arrears are significant (the weekly rent is $580.00). It is appropriate to terminate the tenancy pursuant to section 55(1)(a) of the Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy. There does not appear to be a bond.
6. The application has succeeded. The filing fee must be awarded.
[NAME]
10 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's application for termination was accepted because the rent was significantly overdue.
- The tenants were properly informed about the hearing and had the opportunity to respond.
- The landlord provided records that confirmed the amount of rent owed.
- The landlord was reimbursed for the application filing fee because their application was successful.
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 tenancy of the tenant due to significant rent arrears and ordered the tenant to pay the landlord $12,537.00.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to significant rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and no rent had been paid since January 2025.
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 most important argument was that the rent was significantly in arrears, making termination appropriate.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation might face termination of their tenancy if they have significant rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.