Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay their rent for over 21 days. The landlord showed proof of the unpaid rent, and the tenant didn't respond to attempts to contact them.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days entitles the landlord to terminate the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue 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 unpaid rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears under Section 55(1)(a) of the Residential Tenancies Act 1986. The landlord provided proof of the arrears, and the tenant failed to respond to attempts to contact them.
📚 Full judgment Official document
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[2025] NZTT 5220031
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI 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 [COMPANY], at 11:59pm on Tuesday 3 June 2025.
2. [NAME] must pay [COMPANY] $1,630.00 immediately, being rent arrears to Tuesday 3 June 2025
Reasons:
1. The applicant attended the hearing. The respondent did not respond on two attempts to contact them on the supplied phone number.
2. The applicant told me that on a routine inspection today the tenancy manager confirmed with the respondent that the phone number on file was correct and that there was a hearing scheduled for 2pm today.
3. The applicant originally sought payment of rent arrears only. On Friday 23 May 2025 the applicant updated their application seeking termination of the tenancy. The email updating the application had the respondent ccd.
4. 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.
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5. The landlord provided rent records which prove the amount owing to Tuesday 27 May 2025. I have added one weeks rent to the total to reflect the tenancy termination date of Tuesday 3 June 2025.
H Ben Fayed 29 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 $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 did not pay rent for at least 21 days.
- The landlord provided rent records proving the amount owed.
- The landlord attempted to contact the tenant twice without response.
- The landlord updated their application to seek termination of the tenancy, which was communicated to the tenant.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The tenant did not attend the hearing or respond to the landlord's attempts to contact them.
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 due to unpaid rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears that led to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent for over 21 days, as required by 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 most important argument was that the tenant had not paid rent for over 21 days, allowing the landlord to terminate 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?
Someone who fails to pay rent for over 21 days risks having their tenancy terminated.
What evidence or documents mattered?
The evidence included rent records showing the amount owing and the fact that the tenant did not respond to attempts to contact them.