Tenant ordered to pay $20,827 in rent arrears and vacate premises
📌 In brief
The Tenancy Tribunal ordered the termination of a tenancy due to significant rent arrears. The tenant was required to vacate the premises and pay $20,827 in rent arrears immediately.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when rent is significantly overdue.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant owes at least 21 days of rent when the landlord applies to the Tribunal. It also covers situations where a tenant has caused or threatened significant damage to the property, or 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 significant rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the termination of a tenancy due to significant rent arrears. The tenant was required to vacate the premises and pay $20,827 in rent arrears immediately.
📚 Full judgment Official document
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[2025] NZTT 5161732
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], at 4pm on Thursday 6 March 2025.
3. [NAME] must pay [The landlord/s] $20,827.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 6/3/2025 $20,800.00 Filing fee reimbursement $27.00 Total award $20,827.00 Total payable by Tenant to Landlord $20,827.00
Reasons:
1. Only the applicant attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone on either number provided.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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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 at the end of the tenancy. No rent has been paid since 3/12/2024. Several 14-day notices have been issued and breached. The landlord confirmed that he had checked both yesterday and today that no rent had been paid. He also said that no bond was paid as the rent was in arrears from the beginning of the tenancy.
5. The landlord did not supply sufficient evidence regarding termination because the tenant has threatened to assault him so that is not the grounds for terminating the tenancy. It is the very high rent arrears that means the tenancy must be terminated.
6. The landlord’s requests for reimbursement of the filing fee and name suppression are approved as the application is successful. The public interest requires that the tenant’s name is published.
7. The landlord is to deliver a copy of the order to the tenancy address as the email address provided for her is not an address for service. He can do that on Thursday so the termination is therefore for Thursday afternoon. A copy of the order is also to be posted to the tenant.
[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 rent was significantly overdue, with no payments since December 3, 2024.
- Multiple 14-day notices for rent payment were issued and subsequently breached.
- The landlord provided rent records proving the amount owed at the end of the tenancy.
- The public interest requires publishing the tenant’s name.
❌ Tends to be rejected
- The threat of physical assault by the tenant was not considered valid grounds for terminating the tenancy.
- No bond was paid due to rent arrears from the start of the tenancy, which did not affect the decision on rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the termination of the tenancy and required the tenant to pay $20,827 in rent arrears immediately.
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 and order the tenant to pay rent arrears because the rent was significantly overdue and unpaid.
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 significant rent arrears and the non-payment of rent for several months.
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 pay their rent on time to avoid termination of their tenancy and having to pay significant rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears at the end of the tenancy.