Tenancy Tribunal Terminates Lease Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the lease of a tenant because they had not paid their rent for over 21 days. The landlord was given possession of the property, and the tenant was ordered to pay back rent and filing fees.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent was at least 21 days overdue when the application was submitted. It also allows termination for substantial damage to the property or assault/threats against the landlord or others.
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 the tenant due to significant rent arrears. The landlord provided proof of the arrears, and the Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and filing fees.
📚 Full judgment Official document
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[2025] NZTT 5132609
TENANCY TRIBUNAL - Remote Location
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] For [NAME], at 11.59 pm today, Friday 14 February 2025.
2. The Bond Centre is to pay the bond of $1,650.00 (6482801-016) to [COMPANY] For [NAME] immediately.
3. [NAME] must pay [COMPANY] For [NAME] $1,777.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 13.2.2025 $3,400.00 Filing fee reimbursement $27.00 Total award $3,427.00 Bond $1,650.00 Total payable by Tenant to Landlord $1,777.00
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Reasons:
1. The landlord attended the hearing by teleconference.
2. The Tribunal attempted to call the tenant on the cell phone number for her provided in the application. However, the calls disconnected. I am satisfied that the tenant was served with the Notice of Hearing and chose not to attend. The Notice of Hearing states that if the contact number in the application is incorrect, the party must email the Tribunal at the address provided with the correct details. No message has been received from the tenant. In the circumstances, I consider the hearing may proceed in her absence.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 at the end of the tenancy.
K Stirling
14 February 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
- Rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The tenant did not attend the hearing despite being served notice.
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 tenant's tenancy due to significant rent arrears.
What was the dispute about?
The dispute was about unpaid rent that was at least 21 days overdue.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent that was at least 21 days overdue, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent that was at least 21 days overdue.
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 have their tenancy terminated if they fail to pay rent that is at least 21 days overdue.
What evidence or documents mattered?
The evidence included rent records proving the amount of rent owed at the end of the tenancy.