Tenant Loses Tenancy Due to Rent Arrears and Lack of Engagement
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the tenant did not pay rent on time and did not respond to the landlord's requests to remedy the situation. The Tribunal emphasised the importance of paying rent promptly and engaging with the landlord.
⚖️ Legal holding
A tenant's failure to pay rent and engage with the landlord can lead to the termination of the tenancy.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days if they believe the landlord gave the notice because the tenant used their rights or complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to pay rent and engage with the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to the tenant's failure to pay rent and engage with the landlord. The Tribunal noted that the tenant had not remedied the breach within the required period and had not engaged with the landlord over the matter.
📚 Full judgment Official document
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[2026] NZTT 5487967
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] As Agent For [NAME], at 11:59 pm on 22 June 2026.
2. The Bond Centre is to pay the bond of $1,280.00 (3341520-009) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $1,150.50 immediately, calculated as shown in the table below:
Description Landlord Rent arrears as of 22 June 2026 $1,425.71 Water rates $976.79 Filing fee reimbursement $28.00 Total award $2,430.50 Minus bond $1,280.00 Total payable by Tenant to Landlord $1,150.50
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Reasons:
1. Only the landlord appeared at the video hearing today. I telephoned the tenant on the two numbers I had available, neither call was successful. I have no reason to believe the tenant has not been notified of the hearing, so I will proceed to consider the matter in her absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations around rent, and also an order for the payment of rent and water rates.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by failing to pay rent as it falls due.
6. The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period, in fact not at all.
7. It would be inequitable to refuse to terminate the tenancy given the breach and the fact the tenant has not engaged with the landlord over this matter.
8. I fix the date that possession is to return as 22 June 2026, which is also the date the tenancy was to end by way of a 90-day notice from the landlord.
9. The landlord has applied for both rent arrears and water to be paid. I am satisfied those amounts are owed, they have been established, so they are ordered in full.
10. The tenant must also pay the filing fee paid by the landlord to commence this proceeding.
R Woodhouse 18 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's request for termination was accepted because the tenant failed to pay rent.
- The tenancy was terminated because the tenant did not fix the breach after receiving a 14-day notice.
- It was considered fair to end the tenancy because of the breach and the tenant's lack of communication.
- The landlord was granted the full amount for rent arrears and water rates as these amounts were proven to be owed.
- The tenant was ordered to reimburse the landlord for the filing fee.
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 of the tenant due to the tenant's failure to pay rent and engage with the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent and the landlord's request to terminate the tenancy due to these failures.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent and had not engaged with the landlord to remedy the situation.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent and had not engaged with the landlord to remedy the situation.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent on time and engage with the landlord to resolve any issues.
What evidence or documents mattered?
The judgment mentions the rent arrears, water rates, and the filing fee as the evidence that mattered.