Tenancy Tribunal Orders Termination and Payment of Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy agreement and ordered the tenants to pay rent arrears. This decision was made because one tenant left early and the remaining tenant couldn't manage the rent on their own.
⚖️ Legal holding
A tenant is required to pay rent arrears when they cannot sustain the tenancy on their own.
📖 What the law says
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 as a tenant. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated a tenancy and ordered the payment of arrears and bond.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy and ordered the payment of arrears and bond. The Tribunal found that one tenant had vacated early and the remaining tenant could not sustain the tenancy alone.
📚 Full judgment Official document
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[2025] NZTT 5199352
TENANCY TRIBUNAL AT REMOTE
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated.
2. [COMPANY] is to pay the bond of $2,520.00 to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $2,727.00 immediately, calculated as follows:
Description Landlord Rent arrears to 23 April 2025 $5,220.00 Filing fee $27.00 Total award $5,247.00 Minus Bond $2,520.00 Tenant to pay $2,727.00
Reasons:
1. The Landlord attended the hearing.
2. The Landlord has applied for rent arrears and has provided rent records which prove the amount owing.
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3. The tenancy was for a fixed term, ending February 2026.
4. One tenant is said to have vacated the premises early, and the other tenant has not been able to sustain the tenancy on her own.
5. The parties have agreed to bring the tenancy to an end. The Landlord has been able to find a new tenant, who moved in on 24 April 2025. The last tenant to move out, moved out on 4 March 2025.
6. The Tenants are liable to pay unpaid rent to 23 April 2025.
[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 landlord provided rent records proving the amount of rent arrears.
- The tenants could not sustain the tenancy on their own.
- The parties agreed to terminate the tenancy early.
❌ Tends to be rejected
- The tenant's inability to pay rent arrears was not accepted as a reason to avoid termination.
- The fact that one tenant had already vacated the premises early was not considered sufficient to prevent termination.
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 and ordered the tenants to pay rent arrears.
What was the dispute about?
The dispute was about whether the tenants could continue the tenancy given one had left early and the other could not afford the rent.
How did the court decide, and why?
The court decided to terminate the tenancy and order the payment of rent arrears because the remaining tenant could not sustain the tenancy on their own.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the remaining tenant could not sustain the tenancy on their own.
Was the decision for or against the person who brought the case?
The decision was against the tenants who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might face termination of their tenancy and be required to pay rent arrears if they cannot sustain the tenancy.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and the fact that the landlord had found a new tenant.