Tenancy Terminated for Substantial Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they owed significant rent arrears. The tenant's claims were dismissed for failing to prosecute their case properly.
⚖️ Legal holding
A tenant whose tenancy is substantially in arrears is entitled to have their tenancy terminated.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue 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 to assault 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's claims were dismissed.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to substantial rent arrears and dismissed the tenant's claims for lack of prosecution.
📚 Full judgment Official document
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[2025] NZTT 4672192, 4479347
TENANCY TRIBUNAL - Manukau
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 [NAME], at 5pm on 12 September 2023.
2. [NAME] must pay [NAME] $9,480.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 12 September 2023 $9,480.00 Total award $9,480.00 Total payable by Tenant to Landlord $9,480.00
3. The tenant’s claims are dismissed for want of prosecution.
4. The issue of costs is reserved; respective counsels may file Memorandum for a decision on costs to be made on the papers.
Reasons:
1. Only the landlord attended the hearing.
2. On the morning of the hearing, the tenant contacted the Contact Centre of the Ministry of Justice and sought an adjournment of the hearing on grounds that “her house has been broken into overnight and the police and forensic team are on their way to her house”.
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3. Enquiries with the neighbours however indicate that there had been no untoward incident having occurred in the neighbourhood or at the tenanted premises in question.
4. This was the second time that an unexpected adjournment has been sought by the tenant. I am not prepared to accede to any further adjournment.
5. The landlord has applied for termination of the tenancy and rent arrears.
6. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
7. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent is substantially in arrears.
8. The tenant’s claim for compensation has not been proved.
9. As the landlord is legally represented, I reserve the issue of costs to be decided on the papers.
[NAME]
07 September 2023 [reissued on 15 May 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 $200. 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 tenant's rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owed.
- The tenant failed to provide proof for their compensation claim.
❌ Tends to be rejected
- The tenant requested an adjournment due to a break-in, but there was no evidence of such an incident.
- The tenant's claims were dismissed for lack of prosecution.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to substantial rent arrears, and the tenant's claims were dismissed.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent and whether the tenant's claims should be considered.
How did the court decide, and why?
The court decided to terminate the tenancy due to substantial rent arrears and dismissed the tenant's claims because the tenant failed to prosecute their case properly.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The argument that mattered most was the substantial rent arrears, which justified terminating the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation with substantial rent arrears might face termination of their tenancy and dismissal of their claims.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears.