Tenant Loses Tenancy Due to Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal at Waitakere terminated the tenancy of a tenant due to unpaid rent arrears. The tenant was ordered to vacate the premises and pay $13,025.39 to the landlord. This decision was made under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant who fails to pay rent for at least 21 days is liable for termination of their tenancy and payment of arrears.
📖 What the law says
This section states that a Tenancy Tribunal must end a tenancy if the tenant's rent was at least 21 days late when the landlord applied to the Tribunal. This rule applies when a landlord seeks to terminate a tenancy due to unpaid rent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded damages.
📜 Headnote Official document
The Tenancy Tribunal at Waitakere terminated the tenancy of the respondent due to rent arrears, ordering the respondent to vacate the premises and pay $13,025.39 to the landlord. The decision was based on the Residential Tenancies Act 1986, section 55(1)(a).
📚 Full judgment Official document
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[2025] NZTT 5187984
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS] 16, Whenuapai, Auckland 0814
ORDER
1. The tenancy of [NAME] at [ADDRESS] 16, Whenuapai, Auckland 0814 is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11:59pm on Thursday 05 June 2025.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $13,025.39 immediately, as calculated in the table below.
3. The Bond Centre is to pay the bond of $3,840.00 (6441386-017) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears 05/06/2025 $16,838.39 Filing fee reimbursement $27.00 Total award $16,865.39 Bond $3,840.00 Total payable by Tenant to Landlord $13,025.39
Reasons:
1. [NAME] attended for the applicant. The respondent did not attend.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing to Tuesday 3 June 2025. I have added 2 days rent to reflect rent owing to the termination date.
5. Given the high level of rent arrears I considered whether the applicant has met their obligations to mitigate the respondent’s liability per section 49 of the RTA 1986.
6. The applicant has:
a) made this application on Friday 7 March 2025 being 2 weeks from the respondents last payment.
b) attempted mediation.
c) told me that she has visited the property and spoken to the respondent who made commitments to her to resolve the breach however that has not eventuated.
I consider these steps appropriate in the circumstances.
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
H Ben Fayed 05 June 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 tenancy was terminated because the rent was at least 21 days in arrears when the application was filed.
- The landlord proved the amount of rent owing with provided rent records.
- The landlord made an application two weeks after the last payment, which was considered an appropriate step to mitigate the tenant's liability.
- The landlord visited the property and spoke to the tenant, who made commitments that were not fulfilled, and these steps were considered appropriate.
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 tenant's tenancy and ordered the tenant to pay $13,025.39 to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears that led to the termination of the tenant's tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the arrears because the rent was at least 21 days overdue.
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, leading to the termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
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 termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered included rent records proving the amount owing and the landlord's attempts to resolve the breach through visits and mediation.