Tenancy Tribunal Terminates Lease Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they had not paid their rent for over 21 days and owed compensation for damages to the landlord. The tenant was not present at the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 Technical summary
The tenancy was terminated due to rent arrears and compensation for damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to significant rent arrears and awarded compensation for damages to the landlord. The decision was made despite the tenant's absence from the hearing.
📚 Full judgment Official document
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[2026] NZTT 5484233
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME_2] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], at 11.59 pm on Thursday 18 June 2026.
2. [NAME_2] must pay [COMPANY_1] $1,651.61 immediately, calculated as shown in table below.
3. [COMPANY_3] is to pay the bond of $720.00 to [COMPANY_1] immediately.
Description Landlord Tenant Rent arrears to 10 June 2026 $2,150.71 Window repairs October 2024 $192.90 Filing fee reimbursement $28.00 Total award $2,371.61 Bond $720.00 Total payable by Tenant to Landlord $1,651.61
Reasons:
1. The landlord attended the hearing which was conducted by video conference. The tenant did not seek to be admitted to the hearing at the scheduled time.
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2. Because the tenant has been served notice of the hearing to his residential address I am satisfied the service requirements of the Residential Tenancies Act, 1986, (the “RTA”) have been met, and the hearing was conducted in his absence.
3. The landlord has applied for termination of the tenancy, rent arrears, compensation, refund of the bond and reimbursement of the filing fee.
4. 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.
5. The landlord provided rent records which prove the amount owing until 10 June 2026 is $2,150.71.
6. The landlord is also claim $192.90 for repairs to a broken window in October 2024.
7. The above claims and amounts ordered are proved.
8. Because [COMPANY_1] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
11 June 2026
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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, 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/
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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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's lease and ordered the tenant to pay rent arrears and compensation for damages.
What was the dispute about?
The dispute was about unpaid rent and compensation for damages to the rental property.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears, and the landlord had provided proof of the amount owing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The most important argument was that the rent was significantly overdue, and the landlord had provided proof of the arrears.
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 might face termination of their tenancy if they fail to pay rent on time and owe compensation for damages.
What evidence or documents mattered?
The rent records and proof of damages were the key pieces of evidence used in the decision.