Tenant Ordered to Pay Overdue Rent or Face Eviction
📌 In brief
The Tenancy Tribunal ordered a tenant to pay $3,000 in overdue rent by a specific deadline or face eviction. This decision was made under sections 55 and 56 of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay overdue rent or risk eviction under the Residential Tenancies Act 1986.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This section permits the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. For breaches that can be fixed, the party must have been given a notice to fix the problem within at least 10 working days, and failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay overdue rent or face eviction.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $3,000 in overdue rent by a specific deadline or face eviction. The Tribunal made this order under sections 55 and 56 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5103888 1
[2025] NZTT 5103888
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] owes [COMPANY] and [COMPANY] $3,000.00 being rent due for the period ending Friday 14 February 2025 (“the debt”).
2. [NAME] and [NAME] must the debt in full on or before 5pm Friday 14 February 2025.
3. Failure to pay the debt as set out in order 2 above will result in:
a. The tenancy at [ADDRESS], [ADDRESS], [POSTCODE] terminating with possession of the premises returning to the landlord at 11.59pm on Friday 14 February 2025; and
b. The balance of the debt payable immediately.
Reasons:
1. [NAME] attended the hearing for the landlord. The tenants were phoned on the numbers provided but the calls either went to voicemail or went unanswered.
2. The landlord has applied for termination of the tenancy for non payment of rent.
3. The application for termination was made under section 56 of the Residential Tenancies Act 1986 (the Act). As the rent is now more than 21 days in arrears the Tribunal can make an order to end the tenancy under section 55 of the Act.
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However, [NAME] said that the landlord is prepared to give the tenants a final chance to pay the rent to avoid immediate termination.
4. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the breach: see section 64(4)(b) of the Act.
[NAME]
11 February 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's application for tenancy termination was accepted because the rent was over 21 days in arrears.
- The landlord was willing to offer the tenants a final opportunity to pay the overdue rent.
- The tenants owe $3,000 for rent that was due by Friday, February 14, 2025.
- The tenancy will end and possession will return to the landlord if the debt is not paid by the specified date.
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 tenant to pay $3,000 in overdue rent by a specific deadline or face eviction.
What was the dispute about?
The dispute was about the tenant's failure to pay overdue rent.
How did the court decide, and why?
The court decided that the tenant must pay the overdue rent or face eviction, citing the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 55 and 56 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to pay the overdue rent, leading to the application under the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the tenant who failed to pay the overdue rent.
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 eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.