Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears. The tenant was ordered to vacate the premises immediately and pay the landlord $6,619.99.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the rent is at least 21 days in arrears.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage or assault by the tenant.
This section allows the Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the breach can be fixed, the party who complained must have given notice to fix it within at least 10 working days, and the other party failed to do so.
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 ordered the tenant to vacate the premises immediately. The landlord had applied for termination of the tenancy under sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5091108
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm today, 24 February 2025.
2. The Bond Centre is to pay the bond of $2,500.00 (6443983-002) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $6,619.99 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 24/2/25 $9,017.86 Filing fee reimbursement $27.00 Water rates to 31/12/24 $75.13 Total award $9,119.99 Bond $2,500.00 Total payable by Tenant to Landlord $6,619.99
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Reasons:
1. The landlord attended the hearing represented by [NAME].
2. [NAME] did not attend the hearing. The phone number she supplied was called twice during the hearing however the calls were not answered.
3. She had emailed the Tribunal on the morning of the hearing to say she could not attend as she was working. I had registry email her and ask her to attend by phone and/or provide any written statements in advance of the hearing, however she did not reply.
4. [NAME] was emailed notice of the hearing to the email address she provided on 11 December 2024. She was reminded by text to the number she provided on 19 and 23 February. I am therefore satisfied [NAME] has been made aware of the hearing and how to attend or apply for an adjournment.
5. Accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
Landlord’s claim
6. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond. [NAME]’s evidence is that [NAME] has not paid rent since they took over management of the tenancy in November 2024. He has checked with the previous property management company, and they have not received any rent for this period either.
7. He notes that the previous property manager applied to the Tribunal three times over their tenure and orders were made against [NAME] for rent arrears, water rates arrears and compensation.
8. He further says they have tried calling, texting and emailing [NAME] however she has not responded to them until recently. Last week she asked for the documents which he sent to her and today she asked for the rent summary again which he also provided her. Despite this she has not paid any rent in some months.
Should the tenancy be terminated?
9. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) RTA.
10. Rent is well over 21 days in arrears at the hearing date. Accordingly, the tenancy is terminated, effective immediately given the high state of arrears.
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How much does the tenant owe?
11. The landlord provided rent records and water invoices which prove the amounts owing at the end of the tenancy.
12. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
13. The bond is to be transferred to the landlord in part payment of the debt.
K Lash
24 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.
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 claim for termination was accepted because the rent was more than 21 days in arrears.
- The landlord's claim for rent arrears was accepted, supported by provided rent records.
- The landlord's claim for water rates was accepted, supported by provided water invoices.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
- The bond was ordered to be paid to the landlord as partial payment for the debt.
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 a tenant due to unpaid rent arrears and ordered the tenant to vacate the premises immediately.
What was the dispute about?
The dispute was about unpaid rent arrears and the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date, as required by sections 55 and 56(2) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the rent was at least 21 days in arrears on the hearing date.
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 should ensure they pay their rent on time to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records and water invoices proving the amounts owing at the end of the tenancy.