Tenant Loses Tenancy Due to Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they failed to pay rent for over 21 days. The landlord showed proof of the outstanding rent, resulting in the tenant losing their home.
⚖️ Legal holding
A tenant who fails to pay rent for over 21 days can have their tenancy terminated.
📖 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 to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or their family.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenant's lease due to unpaid rent exceeding 21 days. The landlord successfully proved the amount owing at the end of the tenancy, leading to the termination of the tenancy and the grant of possession to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5223217
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Agent For [NAME]
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] [NAME] As Agent For [NAME], immediately.
2. The [COMPANY] is to pay the bond of $1,600.00 (5393288-012) to [COMPANY] [NAME] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] [NAME] As Agent For [NAME] $1,472.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 2/6/2025 $3,045.71 Filing fee reimbursement $27.00 Total award $3,072.71 Bond $1,600.00 Total payable by Tenant to Landlord $1,472.71
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Reasons:
1. Only the applicant attended the hearing. The tenant did not join the video meeting and could not be contacted by phone.
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 tenant gave notice during a mediation on 12/5/2025 that she had left the property. The landlord is entitled to rent for 21 days from that date which ends on 2/6/2025. The landlord confirmed that the property has been relet from 12 June 2025.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
6. [COMPANY] [NAME] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
7. The subsequently uploaded details of a landlord compensation claim must be properly filed and then a hearing will be scheduled separately to consider those claims, which the tenant has indicated she does not agree with.
J Maher
30 May 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 request for tenancy termination was granted because the rent was overdue for more than 21 days.
- The landlord was entitled to rent for 21 days from the date the tenant gave notice of leaving the property.
- The landlord successfully proved the amount of rent owed at the end of the tenancy with their records.
- The landlord was reimbursed for the filing fee because their claim was entirely successful.
❌ Tends to be rejected
- The tenant's claims for compensation were not considered in this hearing because they were not properly filed.
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 due to unpaid rent exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and if the tenancy should be terminated.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent for over 21 days, as proven by the landlord's rent records.
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 most important argument was the proof of rent arrears exceeding 21 days.
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 who fails to pay rent for over 21 days risks having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord mattered the most.