Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent arrears. The landlord was awarded damages for the unpaid rent.
⚖️ Legal holding
A tenant who fails to pay rent in arrears can have their tenancy terminated and be liable for damages.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to unpaid rent arrears and awarded damages to the landlord. The landlord proved the amount owing through rent records.
📚 Full judgment Official document
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[2025] NZTT 5165371
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 [COMPANY], at 11.59pm on Wednesday 16 April 2025.
2. [NAME] and [NAME] must pay [COMPANY] $2,985.00 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $2,600.00 (3126801-015) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 10 April 2025 $5,558.00 Filing fee reimbursement $27.00 Total award $5,585.00 Bond $2,600.00 Total payable by Tenant to Landlord $2,985.00
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to each of their telephone numbers at the scheduled time.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenants’ absence.
3. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
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.
5. The landlord provided rent records which prove the amount owing at the date of the hearing is $5,558.00.
6. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[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 [NAME], 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 proved the tenants owed $5,558.00 in rent arrears.
- The landlord showed that rent was at least 21 days in arrears when the application was filed.
- The landlord provided evidence of the bond amount and the filing fee reimbursement.
❌ Tends to be rejected
- The tenants did not attend the hearing and provide any arguments or evidence.
- The tenants did not request an adjournment of the hearing.
- The tenants did not challenge the calculation of the amount owing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the landlord was awarded damages for unpaid rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears leading to termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and award damages because the tenant failed to pay rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the proof of unpaid rent arrears by the landlord.
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 in a similar situation could face termination of their tenancy and be liable for damages if they fail to pay rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.