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Tenancy Tribunal Ends Lease for Unpaid Rent

Case No. [2026] NZTT 5456109

📌 In brief

The Tenancy Tribunal ended a lease and ordered tenants to pay $7,425.00 in unpaid rent after determining that at least 21 days of rent were overdue when the landlord filed for termination under New Zealand's Residential Tenancies Act.

⚖️ Legal holding

A tenant is liable for rent arrears when they are at least 21 days overdue upon filing of a termination application under the Residential Tenancies Act 1986.

Topics

tenancy terminationrent arrears

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.54

This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights. 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 rent arrears, and the landlord retained the bond.

📜 Headnote Official document

The Tenancy Tribunal terminated a tenancy and ordered the tenant to pay $7,425.00 in rent arrears after finding that at least 21 days of rent were overdue when the landlord filed for termination under section 54(1)(a) of the Residential Tenancies Act 1986.

📚 Full judgment Official document

OUTCOME: Allowed

__________________________________________________________________________________ 5456109 1

[2026] NZTT 5456109

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] and [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [APPELLANT], immediately.

2. [APPELLANT] is to retain the bond of $2,700.00 and is to apply the bond against rent arrears owing, as shown in the table below.

3. [RESPONDENT] and [RESPONDENT] must pay [NAME] [APPELLANT] As Trustee For [NAME] [APPELLANT] $7,425.00 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 2.6.2026 $10,125.00 Total award $10,125.00 Bond $2,700.00 Total payable by Tenant to Landlord $7,425.00

__________________________________________________________________________________ 5456109 2

Reasons:

1. [NAME], representing the landlord, attended the hearing by teleconference. The tenants did not join the hearing as per the instructions in the Notice of Hearing and did not answer phone calls made to their phone numbers, the last three digits being 367 and 107 respectively. As the tenants were served, the hearing proceeded in their absence.

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 tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much rent is owing?

4. The landlord provided rent records which prove the amount owing to 2 June 2026, the end of the tenancy, which is $10,125.00.

Refund of the bond

5. The landlord said they held the bond paid by the tenants, being $2,700.00, and had not yet lodged it, as the tenants had not been paying rent. The landlord sought the full bond.

6. [APPELLANT] is to retain the bond of $2,700.00 and is to apply the bond against rent arrears owing, as set out in this order.

C Price

02 June 2026

__________________________________________________________________________________ 5456109 3

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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5456109 4

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:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • Tenant failed to pay rent for at least 21 days.
  • Tenant did not attend a scheduled hearing.
  • Tenant did not comply with payment obligations.
  • Tenant failed to keep the rental property clean and tidy.
  • Tenant did not comply with their obligations regarding rent arrears, cleaning costs, and repairs.

❌ Tends to be rejected

  • Tenant failed to attend a scheduled hearing.
  • Tenant's fixed-term tenancy agreement did not include an explicitly agreed longer term.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The tenancy was terminated and tenants ordered to pay $7,425.00 in unpaid rent.

Who was involved?

A landlord and two tenants were involved.

How did the court decide, and why?

The court decided that at least 21 days of rent were overdue when the termination application was filed.

Which laws or rules were applied?

Section 54(1)(a) of the Residential Tenancies Act 1986 was applied.

What was the argument that mattered most?

The landlord proved at least 21 days of rent arrears when filing for termination.

Was the decision for or against the person who brought the case?

It was in favour of the landlord.

What does this mean for someone in a similar situation?

Tenants should ensure they pay rent on time to avoid lease terminations and financial penalties.

What evidence or documents mattered?

Rent records showing at least 21 days of arrears were crucial.

Can a decision like this be appealed?

Yes, but only if there was a substantial wrong or miscarriage of justice occurred.

Is it worth getting a lawyer for a case like this?

It is advisable to seek legal advice from a qualified lawyer.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.