Tenant ordered to pay $9,282 in rent arrears and vacate premises
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $9,282 in rent arrears and vacate the premises by June 3rd, 2025. The tenant accepted responsibility for the arrears and explained their personal circumstances.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when rent is at least 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also allows termination for substantial damage or assault by the tenant.
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 outstanding rent immediately.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $9,282 in rent arrears and vacate the premises by June 3rd, 2025 due to prolonged rent arrears. The tenant accepted responsibility for the arrears and explained their personal circumstances.
📚 Full judgment Official document
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[2025] NZTT 5219591
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy at [ADDRESS] will terminate at 11:59pm on Tuesday 3 June 2025 and possession is granted to [COMPANY] at that time.
2. [NAME] must pay [COMPANY] $9,282.00 immediately, being rent arrears to Tuesday 3 June 2025.
Description Landlord Tenant Rent arrears $9,282.00 Total award $9,282.00 Total payable by Tenant to Landlord $9,282.00
Reasons:
1. Both parties attended the hearing by phone.
2. The landlord has applied for termination of the tenancy and payment of the rent arrears.
3. The respondent accepted responsibility for the rent arrears, expressed contrition and explained her personal circumstances that contributed to the breach.
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4. Because rent was at least 21 days in arrears on the date the application was filed I am obliged to terminate this tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing to Tuesday 27 May 2025. The applicant and the respondent both requested that I defer termination of the tenancy to Tuesday 3 June 2025. I have granted this request and applied an extra week rent to the amount owing to reflect this termination date.
6. I have considered the request for suppression, however I do not consider that there are any grounds that outweigh the public interest to merit suppression of this order.
[NAME] 27 May 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 tenant accepted responsibility for the rent arrears.
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owing.
❌ Tends to be rejected
- The tenant's personal circumstances did not prevent the termination of the tenancy.
- The request to defer termination of the tenancy was granted but did not change the requirement to pay rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $9,282 in rent arrears and vacate the premises by June 3rd, 2025.
What was the dispute about?
The dispute was about the tenant's failure to pay rent, resulting in arrears of $9,282.
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 in arrears.
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 in arrears, obliging the tribunal to terminate the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 evidence included rent records proving the amount owing to May 27th, 2025.