Tenant loses case over unpaid rent: Tenancy terminated with debt order
📌 In brief
A tenant lost a case at the Tenancy Tribunal when they failed to prove their claim that the tenancy had already been terminated by the landlord. The tribunal ordered them to pay $6,706.57 in rent arrears and vacate the property immediately.
⚖️ Legal holding
A tenant must pay rent arrears if the landlord proves non-payment on the balance of probabilities.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies, or 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 and rent arrears were ordered due to non-payment.
📜 Headnote Official document
The tenancy was terminated and the tenant ordered to pay $6,706.57 in rent arrears after the landlord proved non-payment on balance of probabilities under the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5502751
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] and [NAME] [RESPONDENT] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] T/A [COMPANY] [NAME], Nz Transport Agency, immediately.
2. [RESPONDENT] and [NAME] [RESPONDENT] must pay [RESPONDENT] T/A [COMPANY] [NAME], Nz Transport Agency $6,706.57 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 9 June 2026 $8,878.57 Filing fee reimbursement $28.00 Total award $8,906.57 Bond $2,200.00 Total payable by Tenant to Landlord $6,706.57
3. The Bond Centre is to pay the bond of $2,200.00 (BN-00072265) to [COMPANY] T/A [COMPANY] [NAME], Nz Transport Agency immediately.
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Reasons:
1. Both parties attended the hearing on 9 June 2026. [RESPONDENT] appeared on behalf of the tenant.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.
Should the tenancy be terminated?
4. The tenant claims the landlord has already terminated the tenancy on 5 May 2026. The landlord denies this and claims the tenant is referring to a 14-day notice issued by the landlord on 21 April 2026, in which the landlord requires the tenant to pay $5,500.00 in rent arrears by 5 May 2026. The landlord submitted a copy of the 14-day notice. The tenant did not submit any evidence of the notice they claim the landlord sent them ending the tenancy on 5 May 2026. On the balance of probabilities, I am not convinced the landlord sent the tenant a notice ending the tenancy on 5 May 2026. I find the tenancy is current and yet to be terminated.
5. The landlord filed their application with the Tribunal on 7 May 2026. Rent arrears were $6,757.14 (86 days) on this date. Because rent was at least 21 days in arrears on the date the application was filed, the tenancy is terminated.1
How much does the tenant owe in rent arrears?
6. The landlord submitted a rent summary, which proves rent arrears are $8,878.57 up to 9 June 2026, which is the last day of the tenancy. For this reason, the landlord’s claim for rent arrears is granted for $8,878.57.
1 Residential Tenancies Act 1986, section 55(1)(a).
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Filing fee
7. Because the landlord has been wholly successful with the application, I order the tenant to reimburse the filing fee.
L [APPELLANT]
09 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 Pay Damages for End-of-Tenancy Breach
- Tenancy Tribunal Tenants Ordered to Pay Rent and Water Arrears or Face Eviction
- Tenancy Tribunal Landlord Granted Possession After Tenant's Abandonment
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant's Abandonment and Rent Arrears Lead to Termination
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears Before Vacating Property
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Immediate Termination
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Repair Costs
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 pays outstanding rent as required by law.
- No disputes over damages or other issues exist.
- Tenant complies with breach notices for unpaid water rates.
- Tenant does not abandon the premises without reasonable excuse.
- Tenant leaves the property clean and tidy, removing all rubbish and returning keys.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's tenancy was terminated and they were ordered to pay rent arrears.
Who was involved?
A landlord and a tenant were involved in the dispute over unpaid rent.
How did the court decide, and why?
The court decided based on evidence showing non-payment of rent by the tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was used to determine the outcome.
What was the argument that mattered most?
The landlord's proof of unpaid rent arrears on balance of probabilities.
Was the decision for or against the person who brought the case?
It was against the tenant, as they lost their claim and were ordered to pay rent arrears.
What does this mean for someone in a similar situation?
If you are behind on rent, it's important to address the issue with your landlord or seek legal advice.
What evidence or documents mattered?
The rent summary and 14-day notice from the landlord were key pieces of evidence.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice occurred during the original hearing.
Is it worth getting a lawyer for a case like this?
It's advisable to consult with a qualified lawyer who can provide specific advice on your situation.