Tenancy Terminated for Unpaid Rent Over 21 Days
📌 In brief
The Tenancy Tribunal at Manukau terminated a tenant's lease because they failed to pay rent for over 21 days. The landlord was granted possession of the property and the tenant had to pay back rent and the bond.
⚖️ Legal holding
A tenant who fails to pay rent for at least 21 days is subject to having their tenancy terminated under section 55 of the Residential Tenancies Act 1986.
📖 What the law says
This rule states that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the application is made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to unpaid rent and the landlord was granted possession of the property.
📜 Headnote Official document
The Tenancy Tribunal at Manukau terminated the tenancy of a tenant due to unpaid rent for over 21 days, granting possession to the landlord and ordering the tenant to pay outstanding rent and bond.
📚 Full judgment Official document
__________________________________________________________________________________ 5192992 1
[2025] NZTT 5192992
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
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 12.30pm on Wednesday 26 March 2025.
2. The [COMPANY] is to pay the bond of $200.00 (3467075-005) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $512.71 immediately, calculated as shown in the table below.
4. The landlord shall dispose of goods left at the premises by the tenant by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
b. disposing of all goods with no saleable value as the landlord sees fit.
5. The amount owing to the applicant out of the proceeds of any sale is $512.71.
6. [COMPANY] must pay the proceeds of any sale, less the amount owing, to the [COMPANY] together with a copy of this order.
__________________________________________________________________________________ 5192992 2
Description Landlord Tenant Rent to 26 March 2025 $685.71 Filing fee reimbursement $27.00 Total award $712.71 Bond $200.00 Total payable by Tenant to Landlord $512.71
Reasons:
1. The landlord attended the telephone hearing today. Calls to the tenant went to voicemail. It is understood that the tenant has returned to China and will not be returning to the premises.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. At the hearing the landlord requested an order for disposal of goods in case the tenant has not removed all his belongings.
3. Rent was at least 21 days in arrears on the date the application was filed. It is appropriate to terminate the tenancy (section 55 of the Residential Tenancies Act).
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The landlord has applied for the disposal of any goods left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
6. It is not practicable for the landlord to return the goods to the tenant. If the goods have a value above the cost of storing, transporting, and selling them, the landlord must sell these goods at a reasonable market price. The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the [COMPANY].
7. The landlord may dispose of any goods that have no saleable value.
M Edison
26 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 rent was at least 21 days in arrears when the application was filed.
- The landlord provided proof of the amount of rent owed through rent records.
- The landlord cannot contact the tenant and it is impractical to return the tenant's goods.
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 tenant's tenancy due to unpaid rent for over 21 days and granted possession of the property to the landlord.
What was the dispute about?
The dispute was about the landlord terminating the tenancy due to unpaid rent and seeking the return of the bond.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent for over 21 days, as allowed under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55 of the Residential Tenancies Act 1986 was applied to terminate the tenancy due to unpaid rent.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for over 21 days, allowing the landlord to terminate the tenancy.
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 for over 21 days may face termination of their tenancy and loss of their bond.
What evidence or documents mattered?
The judgment mentions rent records proving the amount owing at the end of the tenancy.