Tenancy Tribunal Terminates Lease Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they had not paid rent for over 21 days. The tenant was ordered to leave the property and pay back rent.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears can have their tenancy terminated.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days late when the application was submitted. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears exceeding 21 days. The order included the payment of outstanding rent and the eviction of the tenant from the property.
📚 Full judgment Official document
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[2025] NZTT 5124114
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59 pm on Wednesday 5 March 2025.
2. [NAME] must pay [COMPANY] $3,552.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 3 March 2025 $3,528.00 Rent owed 4-5 March 2025 $24.00 Total award $3,552.00 Total payable by Tenant to Landlord $3,552.00
3. This order incorporates the Tribunal order made on 20 November 2024 under application 4955558.
Reasons:
1. The landlord attended the hearing. The tenant was properly served and sent reminders but she did not answer the calls to her phone.
2. The landlord has applied for termination of the tenancy because of rent arrears.
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3. Rent was at least 21 days in arrears on the date the application was filed.
4. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. On 20 November 2024 the Tribunal made an order relating to this tenancy for rent arrears. The previous order is incorporated into this order for enforcement purposes.
7. The order will be published because there is public interest in social housing and in tenants’ names when they owe rent. See section 95A RTA.
[NAME]
03 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 landlord's request for tenancy termination was accepted because the rent was significantly overdue.
- The landlord provided clear financial records to show the total amount of rent owed.
- The tenant was ordered to pay the landlord $3,552.00 immediately for rent arrears.
- A previous Tribunal order for rent arrears was included in this new order for enforcement.
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 evict the tenant due to unpaid rent.
What was the dispute about?
The dispute was about a tenant who had not paid rent for over 21 days, leading the landlord to seek termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 95A were applied.
What was the argument that mattered most?
The most important argument was that the tenant's rent was at least 21 days in arrears, 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 in a similar situation could face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The judgment mentions rent records provided by the landlord that proved the amount owing at the end of the tenancy.