Tenant Evicted for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenants because they failed to pay rent for over 21 days. The tenants were ordered to leave the premises immediately and pay back the rent arrears.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when rent is at least 21 days in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also allows 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 refunded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenants due to rent arrears and ordered the bond to be refunded to the landlord. The Tribunal also ordered the tenants to pay rent arrears immediately.
📚 Full judgment Official document
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[2025] NZTT 5156095
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated and possession returned to [COMPANY] as Agent for [NAME], immediately.
2. The Bond Centre is to pay the bond of $3,800.00 (5040945-007) to [COMPANY] as Agent for [NAME], immediately.
3. [NAME] and [NAME] must pay [COMPANY] as Agent for [NAME] $2,784.14 immediately, as calculated in the table below
Description Landlord Tenant Rent arrears to 13 February 2025 $6,557.14 Filing fee reimbursement $27.00 Total award $6,584.14 Minus Bond - $3,800.00 Total payable by Tenant to Landlord $2,784.14
Reasons:
1. The landlord attended the hearing which was held by teleconference.
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2. Two unsuccessful calls were made to each of the tenants at the numbers specified in the Notice of Hearing which are also the numbers given by the tenants in the agreement. The Notice of Hearing was duly served to e-mail addresses for service given by the tenants.
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. No rent has been paid since 31 December 2024. 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.
6. The property manager says that a when visiting the premises for a routine inspection on 3 February 2025, the tenants were found to have vacated so an Order for immediate possession is appropriate.
7. [COMPANY] as Agent for [NAME] has succeeded with the claim I must reimburse the filing fee.
B King
13 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
- The landlord's claim for termination of tenancy was accepted because rent was over 21 days in arrears when the application was filed.
- The landlord's claim for immediate possession was granted because the tenants had already vacated the premises.
- The landlord's claim for rent arrears was proven by the rent records provided.
- The landlord was reimbursed the filing fee because they succeeded with their claim.
❌ Tends to be rejected
- The tenants' arguments were not considered because they did not attend the hearing despite being properly notified.
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 and ordered the tenants to vacate the premises immediately and pay rent arrears.
What was the dispute about?
The dispute was about unpaid rent leading to termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears, 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 argument that mattered most was that the rent was at least 21 days in 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 should ensure they pay their rent on time to avoid eviction.
What evidence or documents mattered?
The evidence included rent records proving the amount owing at the end of the tenancy.