Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they had not paid their rent on time. The landlord was given possession of the property and the tenant was ordered to pay back the missed rent along with a filing fee.
⚖️ Legal holding
A tenant must pay outstanding rent to avoid termination of their lease.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears, granting possession to the landlord and ordering the tenant to pay a debt of $2,027.00.
📚 Full judgment Official document
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[2025] NZTT 5101113
TENANCY TRIBUNAL - Video Location
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] For [NAME], at 11:59pm on Sunday 9 March 2025 (“the final termination date”).
2. [NAME] owes [COMPANY] For [NAME] $2,027.00 (“the debt”), calculated as in the table below.
3. [NAME] must pay rent and debt as follows:
a. One payment of $1,000.00 by 5:00pm on Monday 3 March 2025 being $505.71 for rent (for 4/03/2025 to 9/03/2025) and $494.29 for the debt.
b. A final payment of $1,532.71 for the debt by 5:00pm on Monday 10 March 2025.
Description Landlord Tenant Rent arrears up to 3/03/2025 $2,000.00 Filing fee reimbursement $27.00 Total payable by tenants $2,027.00
4. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
5. If the tenant fails to pay the $1,000.00 payment due by 5:00pm on Monday 3 March 2025:
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a. the tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises, and
b. the balance of the debt will be payable immediately.
Reasons:
1. The landlord’s representative and [NAME] attended the hearing by telephone today.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenant agrees that it is fair and reasonable that the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing up to Monday 3 March 2025 is $2,000.00.
5. The parties have agreed that the tenancy will terminate at the end of the day on Sunday 9 March 2025 if payment of $1,000.00 is made by 5:00pm on Monday 3 March 2025.
6. If the $1,000.00 is not paid on time, the tenancy will terminate immediately.
7. If the $1,000.00 is paid on time, part of that payment will cover the rent from 4 March 2025 until 9 March 2025 and the rest will be deducted from the rent arrears owing.
8. The final inspection will be done on Monday 10 March 2025.
9. The bond remains at the Bond Centre.
10. The balance of the debt owing can be paid from the bond if both parties sign a bond refund form authorising this.
11. I have included the filing fee in the amount owing.
[NAME]
25 February 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant agreed that it was fair and reasonable to terminate the tenancy.
- The landlord provided rent records proving the amount of rent arrears.
- Both parties agreed on the payment plan and the final termination date.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence to dispute the rent arrears.
- The tenant did not argue against the termination of the tenancy agreement.
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 arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent on time, leading to rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant agreed that it was fair and reasonable to do so under the Residential Tenancies Act 1986.
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 the tenant's agreement that it was fair and reasonable to terminate the tenancy due to rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as the tenancy was terminated and the tenant was ordered to pay a debt.
What does this mean for someone in a similar situation?
For someone in a similar situation, failing to pay rent on time could lead to the termination of their tenancy and the requirement to pay back rent arrears.
What evidence or documents mattered?
The evidence that mattered was the rent records provided by the landlord proving the amount owing up to the deadline.