Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent arrears. The landlord successfully claimed for unpaid rent and water rates.
⚖️ Legal holding
A tenant who fails to pay rent arrears can have their tenancy terminated by the landlord.
📖 What the law says
This rule 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 allows termination for substantial damage to the property or assault/threats against the landlord or their family/agent/other occupiers.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to rent arrears and granted the landlord's claims for rent and water rates.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and granted the landlord's claims for rent arrears and outstanding water rates. The landlord proved the claims on the balance of probabilities.
📚 Full judgment Official document
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[2025] NZTT 5078909
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME]-Temarama Wiparata are removed as tenant parties to these proceedings.
2. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11:59pm, Thursday 20 March 2025.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $3,589.87 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 20 March 2025 $2,793.00 Water rates $769.87 Filing fee reimbursement $27.00 Total award $3,589.87 Total payable by Tenant to Landlord $3,589.87
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Reasons:
1. The landlord attended the hearing. The tenant did not.
2. The tenancy agreement was varied on 22 August 2024 to remove [NAME]-Temarama Wiparata as tenants. [NAME] remained as a tenant and [NAME] was appointed as a new tenant.
3. The landlord confirmed that the tenant parties for this matter are [NAME] and [NAME].
4. The landlord has applied for termination of the tenancy, rent arrears and outstanding water rates.
5. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
TERMINATION
6. The landlord filed their application on 20 November 2024. Rent arrears were $2,169.15 (23 days) on this date.
7. 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.
8. With the consent of the landlord, the termination date is set for 11:59pm, Thursday, 20 March 2025. This will allow the tenant some time receive a copy of this order and vacate the premises.
RENT ARREARS & WATER RATES
9. The landlord provided rent records which prove the amount owing up to the end of the tenancy on 20 March 2025, namely $2,793.00.
10. The landlord also provided invoices from Watercare, which show the tenant owes $769.87 in outstanding water rates.
11. The landlord’s claim for rent arrears is granted for $2,793.00.
12. The landlord’s claim for outstanding water rates is granted for $769.87.
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FILING FEE
13. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
18 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 landlord's request to end the tenancy was granted because the rent was overdue by more than 21 days when the application was filed.
- The landlord successfully proved the amount of rent owed up to the end of the tenancy using rent records.
- The landlord's claim for outstanding water rates was granted because they provided invoices from the water company.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
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 unpaid rent arrears and awarded the landlord for outstanding water rates.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and the landlord's request to terminate the tenancy and recover outstanding water rates.
How did the court decide, and why?
The court decided to terminate the tenancy and grant the landlord's claims because the landlord proved the rent arrears on the balance of probabilities.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a)
What was the argument that mattered most?
The most important argument was the proof of rent arrears by the landlord on the balance of probabilities.
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 who fails to pay rent arrears could face termination of their tenancy and be required to pay outstanding debts.
What evidence or documents mattered?
The landlord provided rent records and invoices from Watercare showing the tenant owed rent arrears and water rates.