Tenant Ordered to Pay Arrears and Vacate Property
📌 In brief
The claimant successfully terminated a tenant's tenancy for non-payment of rent that was at least 21 days overdue when the application was filed. The Tenancy Tribunal awarded the landlord possession of the property and an order for payment of $4,763.71.
⚖️ Legal holding
A tenant is liable to pay rent arrears if they are at least 21 days in arrears when the landlord files an application under section 54 of the Residential Tenancies Act 1986.
📖 What the law says
This rule states that a tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant successfully terminated the tenancy and obtained a money judgment for arrears.
📜 Headnote Official document
The claimant successfully terminated the tenancy of a non-appearing tenant who was at least 21 days in rent arrears, as per section 54 of the Residential Tenancies Act 1986. The tribunal granted possession and ordered payment of $4,763.71.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5517289 1
[2026] NZTT 5517289
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [APPELLANT] [COMPANY], immediately.
2. [RESPONDENT] must pay [APPELLANT] $4,763.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 8 June 2026 $4,735.71 Filing fee reimbursement $28.00 Total award $4,763.71 Total payable by Tenant to Landlord $4,763.71
Reasons:
1. The landlord attended the hearing. The tenant did not appear.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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.
__________________________________________________________________________________ 5517289 2
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. [APPELLANT] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A [APPELLANT] 08 June 2026
__________________________________________________________________________________ 5517289 3
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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenant Ordered to Pay $1,160.41 in Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request Due to Lack of Evi…
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request
- Tenancy Tribunal Landlord’s Claim for Rent Arrears Dismissed by Tenancy Tribunal
- Tenancy Tribunal Tenant’s Late Rehearing Application Denied by Tenancy Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant is 21 days or more in arrears when landlord files an application under section 54.
- Landlord provides corroborating evidence for rent and arrears claim.
- Tenant fails to comply with payment terms set by the Tenancy Tribunal.
- Tenant's tenancy can be terminated if they abandon the premises and are in rent arrears.
- Tenant must return premises clean and tidy at end of tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must vacate the property immediately and pay rent arrears totaling $4,763.71.
Who was involved?
A landlord who is owed rent by a tenant.
How did the court decide, and why?
The decision was based on the fact that the tenant was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was used to terminate the tenancy, and section 55(1)(a) for rent arrears.
What was the argument that mattered most?
The tenant's non-appearance and being at least 21 days in arrears when the application was filed.
Was the decision for or against the person who brought the case?
For the landlord, as they successfully terminated the tenancy and obtained a money judgment.
What does this mean for someone in a similar situation?
If you are owed rent that is at least 21 days overdue when you file an application, you may be able to terminate the tenancy and obtain a money judgment.
What evidence or documents mattered?
Rent records proving the amount owing were provided by the landlord.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days of the decision being issued.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.