Tenant Loses Tenancy Due to Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent on time. The tenant had 14 days to fix the problem but didn't, so the landlord got back the bond and was awarded additional money.
⚖️ Legal holding
A tenant's failure to remedy rent arrears within 14 days results in termination of the tenancy.
📖 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 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 awarded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and awarded the bond to the landlord. The tenant failed to remedy the arrears within the required timeframe.
📚 Full judgment Official document
__________________________________________________________________________________ 5101852 1
[2025] NZTT 5101852
TENANCY TRIBUNAL - Tokoroa
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as agent for [NAME], at midnight, Thursday 20 February 2025.
2. [NAME] and [NAME] must pay [COMPANY] as agent for [NAME] $1,667.00 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $1,960.00 (5321858-009) to [COMPANY] as Agent for [NAME] immediately.
Description Landlord Tenant Rent arrears 20 February 2025 $3,600.00 Filing fee reimbursement $27.00 Total award $3,627.00 Bond $1,960.00 Total payable by Tenant to Landlord $1,667.00
__________________________________________________________________________________ 5101852 2
Reasons:
1. The landlord appeared. The tenants contacted the Tokoroa District Court saying that they could not attended. No adjournment was applied for.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. A 14-day notice for rent arrears was issued on 9 December 2024.This was not remedied.
4. 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.
5. The landlord provided an up to date rent record which proves the amount owing at date the tenancy is terminated.
6. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 February 2025
__________________________________________________________________________________ 5101852 3
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/
__________________________________________________________________________________ 5101852 4
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 tenants did not fix the rent arrears after receiving a 14-day notice.
- The tenancy was terminated because the rent was more than 21 days overdue when the application was filed.
- The landlord proved the amount of rent owing with an up-to-date rent record.
- The landlord was reimbursed for the filing fee because they won the claim entirely.
❌ Tends to be rejected
- The tenants' reason for not attending the hearing was not accepted as a valid request for postponement.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the landlord was awarded the bond and additional money.
What was the dispute about?
The dispute was about unpaid rent arrears and the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not remedy the rent arrears within the required 14 days.
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 the tenant's failure to remedy the rent arrears within the required 14 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 in a similar situation should ensure they remedy any rent arrears within the required timeframe to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered included the rent record showing the amount owing and the 14-day notice for rent arrears.