Tenancy Tribunal Terminates Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because rent was at least 21 days overdue when the landlord filed the application. The bond was given to the landlord to cover the rent arrears.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears when the application is filed.
📖 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 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 their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the bond was transferred to the landlord to offset the debt.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and ordered the transfer of the bond to the landlord to offset the rent arrears. The landlord had wholly succeeded with the claim and was reimbursed for the filing fee.
📚 Full judgment Official document
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[2025] NZTT 5113209
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA KI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 6.00pm on Friday 7 March 2025.
2. The [COMPANY] is to pay the bond of $4,320.00 (3292436-004) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] $10,209.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears and rent to 7/3/25 $14,502.86 Filing fee reimbursement $27.00 Total award $14,529.86 Bond $4,320.00 Total payable by Tenant to Landlord $10,209.86
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Reasons:
1. Both parties attended the hearing by MS Teams.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond and reimbursement of the filing fee.
Termination
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1
4. A conditional termination order was discussed at the hearing however I could not be satisfied that the tenant will pay the rent arrears within any specified period, and it is likely further rent arrears will be incurred.
Rent arrears
5. The landlord provided rent records which prove the amount owing to 25/2/25 is $12,960.00. The tenant did not dispute the rent arrears. I have made an order for rent arrears and rent payable to the termination date.
Bond
6. The bond is to be paid to the landlord immediately to offset the rent arrears.
Filing fee
7. Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.
Suppression
8. No order for suppression was sought.
[NAME]
26 February 2025
1 See section 55(1)(a) Residential Tenancies Act 1986.
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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 tenancy was terminated because the rent was more than 21 days overdue when the application was filed.
- The landlord proved the amount of rent owing with their rent records.
- The bond was ordered to be paid to the landlord to cover some of the outstanding rent.
- The landlord was reimbursed for the filing fee because they won their claim completely.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and ordered the transfer of the bond to the landlord.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the tenant owed rent that was at least 21 days overdue.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the landlord filed the application.
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 rent was at least 21 days in arrears when the landlord filed the application.
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 have rent arrears that are at least 21 days overdue.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears to the termination date.