Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay their rent on time. The landlord got $3,455.57, including rent arrears and filing fees.
⚖️ Legal holding
A tenant must pay rent arrears and bond retention fees as per the Residential Tenancies Act 1986.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights.
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 and awarded the landlord $3,455.57. The tenant failed to attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5148571
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] t/a [NAME] as Agent for [NAME], immediately.
2. [NAME] must pay [COMPANY] t/a [NAME] as Agent for [NAME] $3,455.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 12 March 2025 $5,828.57 Filing fee reimbursement $27.00 Total award $5,855.57 Bond retained by landlord $2,400.00 Total payable by Tenant to Landlord $3,455.57
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing which was duly served.
2. The landlord has applied for termination of the tenancy, bond and rent arrears.
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3. Rent was at least 21 days in arrears on the date the application was filed. No rent has been paid since 27 December 2024 The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant paid a bond of $2400.00 which is not held at the Bond Centre, which the landlord may retain.
5. [COMPANY] t/a [NAME] as Agent for [NAME] has succeeded with the claim I must reimburse the filing fee.
B King
12 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 tenancy was ended because the rent was overdue by at least 21 days when the application was filed.
- The landlord provided records that proved the amount of rent owed at the end of the tenancy.
- The landlord was allowed to keep the $2400 bond because it was not held at the Bond Centre.
- The landlord was reimbursed for the filing fee because they 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 was terminated and the tenant had to pay $3,455.57 to the landlord.
What was the dispute about?
The landlord claimed rent arrears and termination of the tenancy due to unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy and grant possession to the landlord because the tenant did not pay rent for over 21 days and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The landlord's proof of rent arrears and the tenant's failure to attend the hearing were the most important arguments.
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 on time and does not attend a hearing may have their tenancy terminated and be required to pay outstanding rent and fees.
What evidence or documents mattered?
The rent records and the tenant's failure to attend the hearing mattered.