Tenancy Tribunal Terminates Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they owed rent that was over 21 days late. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy for rent arrears exceeding 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application is made. 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 exceeding 21 days, as per Section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5215971 1
[2025] NZTT 5215971
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 2.00pm on 29 May 2025.
2. [NAME] must pay [COMPANY] $6,551.00 immediately, being rent arrears to 27 May 2025.
Description Landlord Tenant Rent arrears $6,524.00 Filing fee reimbursement $27.00 Total award $6,551.00 Total payable by Tenant to Landlord $6,551.00
Reasons:
1. The landlord attended the hearing by telephone. The Tenant did not respond to two telephone calls made by the Tribunal.
2. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
__________________________________________________________________________________ 5215971 2
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.
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
5. As [COMPANY] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea 27 May 2025
__________________________________________________________________________________ 5215971 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/
__________________________________________________________________________________ 5215971 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 tenant did not respond to two calls from the tribunal.
- The landlord provided proof of rent arrears through rent records.
- The rent was at least 21 days in arrears when the application was filed.
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 due to significant rent arrears.
What was the dispute about?
The dispute was about whether the tenant's rent arrears justified terminating their tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent arrears exceeded 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the rent arrears had been outstanding for over 21 days.
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 have significant rent arrears exceeding 21 days.
What evidence or documents mattered?
The rent records proving the amount owing were the key evidence.