Tenancy Tribunal Rules on Termination Due to Rent Arrears
📌 In brief
The Tenancy Tribunal decided to terminate a tenancy and grant possession to the landlord because the tenant had not paid rent arrears for over 21 days. This decision was made under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant who remains in arrears for at least 21 days is subject to termination of their tenancy.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully obtained termination of the tenancy and recovery of rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ruled to terminate a tenancy and grant possession to the landlord due to the tenant's failure to pay rent arrears exceeding 21 days. The decision was based on Section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5123751 1
[2025] NZTT 5123751
TENANCY TRIBUNAL – Remote
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,273.00 immediately, as calculated below:
2. The tenancy is terminated and possession granted to [COMPANY] at 11.59 pm Wednesday 5 February 2025.
Description Landlord Tenant Rent arrears to 5 February 2025 $1,246.00 Filing fee reimbursement $27.00 Total award $1,273.00 Total payable by Tenant to Landlord $1,273.00
Reasons:
1. The landlord attended the hearing which was conducted remotely. Two attempts to reach the tenant by phone were unsuccessful.
2. The landlord has applied for termination of the tenancy, rent arrears.
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.
__________________________________________________________________________________ 5123751 2
4. The landlord provided rent records which prove the amount owing up to and including tomorrow is $1,246.00.
5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
T Baker
04 February 2025
__________________________________________________________________________________ 5123751 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 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/
__________________________________________________________________________________ 5123751 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the tenant was at least 21 days behind on rent when the application was filed, leading to tenancy termination.
- The landlord provided rent records that confirmed the specific amount of rent owing.
- The landlord attended the hearing, allowing their case to be heard.
- The landlord was reimbursed for the filing fee because they fully succeeded in their claim.
❌ Tends to be rejected
- The tenant did not attend the remote hearing after two attempts to contact them were unsuccessful.
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 tenancy and grant possession to the landlord due to the tenant's failure to pay rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about the landlord's request to terminate the tenancy due to the tenant's unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent arrears for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 55(1)(a)
What was the argument that mattered most?
The most important argument was that the tenant had failed to pay rent arrears for over 21 days, leading to the termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
For someone in a similar situation, if they fail to pay rent arrears for over 21 days, their tenancy could be terminated.
What evidence or documents mattered?
The evidence included rent records proving the amount owing up to the date of the hearing.