Tenant Loses Tenancy Over Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant due to repeated rent breaches. The tenant did not attend the hearing and failed to remedy the breaches within the required periods. The landlord was awarded $527.
⚖️ Legal holding
A tenant's repeated rent breaches can lead to termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy due to repeated rent breaches.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to repeated rent breaches and awarded the landlord $527. The Tribunal found that the tenant had received proper notice and failed to remedy the breaches within the required periods.
📚 Full judgment Official document
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[2025] NZTT 5122688
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agents For [NAME], at 5:00pm on Monday 3 March 2025.
2. The Bond Centre is to pay the bond of $2,600.00 (6445015-008) to [COMPANY] As Agents For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agents For [NAME] $527.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 6 March 2025 $3,100.00 Filing fee reimbursement $27.00 Total award $3,127.00 Bond $2,600.00 Total payable by Tenant to Landlord $527.00
Reasons:
1. Both parties attended the hearing. The landlord attended the hearing. The tenants did not.
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2. I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenants on the mobile numbers provided and got no response.
3. The landlord has applied for termination of the tenancy for breach of the tenants obligations, possession of the premise, refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
4. 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.
5. 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.
6. The tenants have breached their obligations by recidivist rent breaches.
7. The landlord served 14-day notices on the tenants on 5,18 and 31 December 2024 and the tenants did not remedy the rent breaches within the required periods. The rent arrears are $3,100.00 as at today and the tenants continue to commit recidivist rent breaches and have made no commitment to repaying the rent arrears debt nor to return to paying the rent in full and on time. Therefore, it would be inequitable to refuse to terminate the tenancy.
Reimbursement of the filing fee
8. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 March 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 proved that the tenants repeatedly failed to pay rent.
- The landlord sent multiple 14-day notices to the tenants, which they did not act on.
- The tenants still owe a significant amount of rent arrears.
- The tenants did not commit to repaying the rent or paying future rent on time.
- The landlord was reimbursed for the filing fee because they won the claim.
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 tenancy of the tenant due to repeated rent breaches and awarded the landlord $527.
What was the dispute about?
The dispute was about whether the tenant's repeated rent breaches justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant repeatedly failed to pay rent despite receiving proper notice and having multiple opportunities to remedy the breaches.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant had received proper notice and failed to remedy the rent breaches within the required periods.
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?
For someone in a similar situation, repeated rent breaches without remediation could lead to termination of the tenancy.
What evidence or documents mattered?
The evidence included the notices sent to the tenant and the failure to remedy the rent breaches within the required periods.