Tenant ordered to pay $7,554.14 for rent arrears and terminate tenancy
📌 In brief
The Tenancy Tribunal ended the tenancy because the tenant did not pay the rent on time. The tenant was ordered to pay the landlord $7,554.14, which includes rent arrears and compensation for removing the tenant's rubbish.
⚖️ Legal holding
A tenant is required to pay rent arrears and compensate for damages caused during the tenancy.
📖 What the law says
This rule 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 allows termination if the 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 tenant was ordered to pay the landlord $7,554.14.
📜 Headnote Official document
The Tenancy Tribunal ordered the termination of the tenancy due to rent arrears and ordered the tenant to pay the landlord $7,554.14, including compensation for rubbish removal.
📚 Full judgment Official document
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[2025] NZTT 5180611
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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], at 5.00pm on 25 March 2025.
2. The [COMPANY] is to pay the bond of $1,950.00 (5990417-006) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $7,554.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 24 March 2025 $8,682.14 rubbish removal $795.00 Filing fee reimbursement $27.00 Total award $9,504.14 Bond $1,950.00 Total payable by Tenant to Landlord $7,554.14
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Reasons:
1. The Landlord attended the hearing by telephone. The Tenants were called on both phone numbers provided however did not answer the telephone calls.
2. The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
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 has applied for rent arrears and has provided rent records which prove the amount owing.
How much is owed for rent arrears?
5. The landlord provided rent records to prove the amount owing at the end of the tenancy.
6. The amounts ordered are proved.
Compensation for rubbish
7. The Landlord sought compensation of $795.00 for the removal of the Tenant's rubbish, which obstructed the accessway during the tenancy. The Landlord notified the Tenant in January 2025 that the rubbish would be removed at the Tenant's expense due to the volume and nature of the waste, which was attracting flies and emitting an unpleasant odour. Photographs of multiple rubbish bags and an invoice for the rubbish removal was provided as evidence.
8. The amounts ordered are proved.
9. As [COMPANY] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea
24 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 the tenant owed rent because the rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records that showed the amount of rent arrears owed by the tenant.
- The landlord proved the tenant owed compensation for rubbish removal by providing photographs and an invoice.
- The landlord was reimbursed the filing fee because they succeeded with their claim.
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 tenant was ordered to pay the landlord $7,554.14.
What was the dispute about?
The dispute was about unpaid rent and the landlord's request to remove the tenant's rubbish.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the rent arrears because the rent was at least 21 days overdue.
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 that the rent was at least 21 days overdue when the landlord filed the application.
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.
What evidence or documents mattered?
The rent records and the invoice for rubbish removal were the key pieces of evidence.