Tenancy Tribunal Terminates Tenancy for Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenancy because the tenant was behind on rent payments by more than 21 days when the landlord filed an application for termination under the Residential Tenancies Act. The tenant must vacate the premises immediately.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they are at least 21 days in arrears on the date an application for termination is filed.
📖 What the law says
This rule states that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent was at least 21 days overdue when the application was submitted. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears under s55(1)(a) of the Residential Tenancies Act 1986.
📜 Headnote Official document
The tenancy was terminated due to rent arrears under s55(1)(a) of the Residential Tenancies Act 1986. The landlord provided evidence showing at least 21 days of unpaid rent, leading to termination and possession granted.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5488206
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as Agent for [NAME], at 4pm on Wednesday 3 June 2026.
2. The tenant has vacated the premises and so the landlord may take possession of them with the need for a warrant of possession.
3. The [COMPANY] is to pay the bond of $1,060.00 (BN-25072570) to [COMPANY] as Agent for [NAME] immediately.
4. [RESPONDENT] must pay [COMPANY] as Agent for [NAME] $1,731.57 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 3 June 2026 $2,763.57 Filing fee reimbursement $28.00 Total award $2,791.57 Less bond $1,060.00 Total payable by Tenant to Landlord $1,731.57
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Reasons:
1. Only the landlord’s representative attended the hearing which was conducted by video conference.
2. The landlord has applied for termination of the tenancy, rent arrears and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated under s55(1)(a) of the Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered.
5. The landlord has succeeded and so I have awarded the filing fee.
[NAME]
03 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Vacate Due to Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Allows Landlord to Recover Rent and End Tenancy
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Compensation for End-of-Lease Obligat…
- Tenancy Tribunal Tenancy Terminated: Tenant Ordered to Pay Rent Arrears
- Tenancy Tribunal Tenant Ordered to Repay Rent Arrears to Avoid Eviction
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000
- Tenancy Tribunal Tenant Ordered to Pay Landlord $2,627 in Rent Arrears and Damage Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenant Successfully Claims Bond Refund from Landlord
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant is at least 21 days in arrears when the termination application is filed.
- Tenant must repay rent arrears and a filing fee to avoid immediate eviction.
- Landlord is entitled to terminate tenancy for significant rent arrears exceeding 21 days.
- Tenant cannot obtain rehearing merely because they disagree with the decision without showing procedural unfairness or new compelling evidence.
- Tenant's bond can be refunded if property manager consents.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to unpaid rent arrears.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that the tenant's failure to pay rent on time justified termination under the Residential Tenancies Act.
Which laws or rules were applied?
Sections 54 and 55(1)(a) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord's evidence showing rent arrears for at least 21 days was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If you are behind on rent, your tenancy can be terminated if the arrears reach 21 days.
What evidence or documents mattered?
Rent records showing unpaid rent were key to the decision.
Can a decision like this be appealed?
Yes, but only under specific circumstances such as new evidence or procedural errors.
Is it worth getting a lawyer for a case like this?
It is advisable to consult with a qualified lawyer for legal advice and representation.