Tenancy Tribunal Dismisses Landlord's Termination for Rent Arrears
📌 In brief
The Tenancy Tribunal dismissed the landlord's application for terminating the tenancy due to rent arrears. The Tribunal found that the rent was in credit and there were no actual arrears.
⚖️ Legal holding
A landlord cannot obtain a termination order when there are no actual rent arrears and the rent is in credit.
📖 Technical summary
The Tribunal dismissed the landlord's application for termination due to rent arrears, finding no basis for such an order.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for termination due to rent arrears, noting that the rent was in credit and there were no actual arrears.
📚 Full judgment Official document
__________________________________________________________________________________ 5159892 1
[2025] NZTT 5159892
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names.
2. The landlord’s application is dismissed.
Reasons:
1. Both parties attended the telephone hearing today.
2. The landlord applied for termination for rent arrears. The arrears to 20 February 2025 (2 days after the application) were $890.00 - equal to 1 weeks’ rent.
3. According to the landlord’s rent summary, there is currently a rent credit of $49.99. The next week’s rent is due tomorrow, Friday 11 April 2025. The rent summary has calculated rent arrears to Monday 14 April 2025 in the sum of $458.58 after deduction of the rent credit.
4. There is no basis for a termination order. The rent is in credit. The rent in advance for the next rent week is not payable today.
5. The landlord also claimed water charges of $114.47 to March 2025. The application did not include a claim for water or provide water invoices, and it is not clear if this amount is due.
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6. I understood the landlord and tenant have come to an arrangement for the payment of the rent and the water charges, but I could not understand the details. It may be that they have agreed to split the next rent payment, with part of the weekly rent due tomorrow and part on Monday. There was also an indication that the tenant has agreed to pay an additional amount each week to pay the water charges.
7. As discussed above, there is no basis for a termination order and the Tribunal cannot order payment of rent because there are no arrears. I must dismiss the application. This does not mean the parties cannot implement their arrangement, just that the Tribunal has no power to give effect to it.
8. If I have misunderstood and there is still a need for a Tribunal order, the landlord should request a rehearing.
[NAME] 10 April 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 rent account was in credit, meaning no rent arrears were actually owed.
- The rent for the upcoming week was not yet due on the day of the hearing.
- The application did not include a claim for water charges or provide invoices for them.
❌ Tends to be rejected
- The landlord's claim for termination due to rent arrears was rejected because there were no actual arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for terminating the tenancy due to rent arrears.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy due to alleged rent arrears.
How did the court decide, and why?
The court decided to dismiss the application because the rent was in credit and there were no actual arrears.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was that the rent was in credit and there were no actual arrears.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, the absence of actual rent arrears and a rent credit may prevent a landlord from obtaining a termination order.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.