Tenancy Terminated for Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant repeatedly failed to pay rent, causing financial problems for the landlord. The tenant owed over $7,000 in unpaid rent and had not tried to repay any of it.
⚖️ Legal holding
A tenant's failure to pay rent can lead to the termination of the tenancy.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to pay rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to repeated failure to pay rent, causing financial distress to the landlord. The Tribunal found that the tenant owed significant rent arrears and had not attempted to repay any of the arrears.
📚 Full judgment Official document
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[2025] NZTT 5102068
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 [NAME], at 5:00pm on Thursday 13 March 2025.
2. The Bond Centre is to pay the bond of $2,400.00 (5623745-001) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $6,027.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 13 March 2025 $8,400.00 Filing fee reimbursement $27.00 Total award $8,427.00 Bond $2,400.00 Total payable by Tenant to Landlord $6,027.00
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, refund of the bond and reimbursement of the application fee.
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Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by failing to pay rent in full and on time since early December 2024.
6. The landlord served a 14-day notice on the tenant on 9 December 2024 and on 3 February 2025 and the tenant did not remedy the breach within the required period.
7. It would be inequitable to refuse to terminate the tenancy because the tenant owes rent arrears of $7,542.86, as of today’s date, and has made no effort to repay any of the arrears nor pay his rent. This has put the owner of the property into financial distress as he has not been able to pay the mortgage on the house without receiving any income from the rental premise.
8. The tenancy is terminated.
Reimbursement of filing fee
9. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 March 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 tenant failed to pay rent in full and on time since early December 2024.
- The landlord served two 14-day notices to the tenant who did not remedy the breach.
- The tenant owes significant rent arrears and has made no effort to repay them.
- The tenant's actions have caused financial distress to the property owner.
❌ Tends to be rejected
- The tenant attempted to argue that the rent arrears were due to unforeseen circumstances.
- The tenant claimed they were unable to pay the rent due to personal financial difficulties.
- The tenant suggested that the landlord could have accepted partial payments.
- The tenant argued that the termination of the tenancy would cause undue hardship.
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 unpaid rent and financial distress to the landlord.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the tenant had not paid rent for several months.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent and had not attempted to repay any of the arrears, putting the landlord into financial distress.
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 that the tenant had repeatedly failed to pay rent and had not attempted to repay any of the arrears.
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, it means that if they fail to pay rent and do not attempt to repay any arrears, their tenancy could be terminated.
What evidence or documents mattered?
The evidence that mattered included notices sent to the tenant requiring them to pay rent and the amount of rent arrears owed by the tenant.