Tenant ordered to pay $3,939.14 in rent arrears and vacate the premises
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $3,939.14 in rent arrears and vacate the premises immediately due to non-payment of rent. The landlord successfully claimed possession of the property.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord upon termination of the tenancy.
📖 What the law says
This rule says that if a tenancy ends, and someone is entitled to get the property back, the Tenancy Tribunal must order that person to get possession of the property. It also states that certain orders made by the Tribunal to end a tenancy automatically act as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated and possession granted to the landlord due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the termination of a tenancy and granted possession to the landlord due to rent arrears. The tenant was ordered to pay $3,939.14 in rent arrears immediately.
📚 Full judgment Official document
__________________________________________________________________________________ 5188472 1
[2025] NZTT 5188472
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the name and identifying details of both parties.
2. The tenancy of [[NAME]] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately.
3. [COMPANY] is to pay the bond of $1,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [[NAME]] must pay [The landlord/s] $3,939.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27/03/2025 $5,152.14 Filing fee reimbursement $27.00 Total award $5,179.14 Minus bond - $1,240.00 Total payable by Tenant to Landlord $3,939.14
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not attend herself but a support worker attended in her absence.
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2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 13 January 2025, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
4. Further to that, the rent was at least 21 days in arrears on the date the application was filed.
5. The tenancy is terminated, and possession is granted to the landlord immediately.
6. The rent owing to today is $5,152.14. I order the tenant to pay this amount to the landlord.
7. The bond of $1,240.00 is to be paid to the landlord to offset the amount payable.
8. Because the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.
[NAME] 27 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord successfully showed that the rent was at least 21 days in arrears.
- The tenancy ended less than 90 days ago, meeting the legal requirements for possession.
- The landlord applied for possession of the premises following the termination of the tenancy.
❌ Tends to be rejected
- The tenant did not attend the hearing herself, relying on a support worker instead.
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 granted possession to the landlord, requiring the tenant to pay $3,939.14 in rent arrears immediately.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the termination of the tenancy and the landlord's request for possession of the property.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant had not paid rent arrears for over 21 days, and the tenancy had ended less than 90 days ago.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 64, was applied.
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears when the application was filed.
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 loss of possession of the property.
What evidence or documents mattered?
The evidence included the amount of rent arrears and the fact that the rent was at least 21 days in arrears when the application was filed.