Tenancy Terminated for Unpaid Rent Arrears Over 21 Days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent for over 21 days, giving the landlord possession of the property.
⚖️ Legal holding
A tenant who fails to pay rent for over 21 days can have their tenancy terminated.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a termination notice if they believe the landlord gave it because the tenant used their rights or complained about the tenancy. The tenant must apply within 14 working days of receiving the notice.
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 the tenant due to unpaid rent arrears over 21 days, granting possession to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5207572
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] ([COMPANY]
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] As Agent For [NAME] ([COMPANY], at 5:00pm on Wednesday 14 May 2025.
2. The [COMPANY] is to pay the bond of $2,480.00 (TBA) to [COMPANY] As Agent For [NAME] ([COMPANY] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] ([COMPANY] $6,598.43 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 14 May 2025 $9,051.43 Filing fee reimbursement $27.00 Total award $9,078.43 Bond $2,480.00 Total payable by Tenant to Landlord $6,598.43
Reasons:
1. The landlord attended the hearing. The tenant did not.
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2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
3. The landlord has applied for termination of the tenancy, possession of the property, rent arrears and refund of the bond.
Should the tenancy be terminated?
4. Rent was at least 21 days in arrears on the date the application was filed. Rent was still in arrears of $9,051.43 as of today’s date. The rent records the landlord provided today show the tenant has not paid rent since 4 February 2025. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
Filing fee
5. [COMPANY] As Agent For [NAME] ([COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
14 May 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 tenant did not pay rent for over 21 days.
- The landlord provided rent records showing continuous non-payment.
- The landlord applied for termination of the tenancy and possession of the property.
- The tenant did not attend the hearing despite receiving proper notice.
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 over 21 days.
What was the dispute about?
The dispute was about the tenant's failure to pay rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not pay rent for over 21 days, which is a violation of 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 most important argument was that the tenant had not paid rent for over 21 days.
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 if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The rent records provided by the landlord showing the tenant had not paid rent for over 21 days mattered.