Tenant ordered to pay rent arrears and face termination
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $308.57 in rent arrears and allowed the termination of the tenancy for failing to remedy breaches within the specified period. Judge J Tam made the order on 20 February 2025.
⚖️ Legal holding
A tenant must remedy breaches within the specified period or face termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the other party must have been given a notice explaining the breach and at least 10 working days to fix it, and then failed to do so.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and allowed the termination of the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $308.57 in rent arrears and allowed the termination of the tenancy for failing to remedy breaches within the specified period. Judge J Tam made the order on 20 February 2025.
📚 Full judgment Official document
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[2025] NZTT 5104030
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
[NAME] must pay [COMPANY] For Katherine Taylor $308.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 25 February 2025 $308.57 Total award $308.57
Reasons:
1. Only the landlord attended the hearing. Calls to the tenant went unanswered.
2. The landlord has applied for payment of rent arrears and termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
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5. The tenant has breached their obligations by being behind in rent payments.
6. The landlord served a 14-day notice on the tenant and the tenant did not remedy the breach within the required period.
7. The amount of rent owing to 25 February 2025 is $308.57. The next rental payment expected to come out from the tenant’s account is on Wednesday 26 February 2025, the tenant having just made a payment of regular rent of $360.00 on Wednesday 19 February 2025.
8. While the tenant is in rent arrears, I do not consider it would be inequitable to refuse to terminate the tenancy given that the amount of rent owing is less than one week’s rent.
9. I make a monetary order for the tenant to clear the arrears immediately. In the event the tenant fails to do so, the landlord is at liberty to issue another 14-day notice and refile another application for termination of the tenancy if the landlord sees fit.
10. The tenant ought to pay the arrears owing or come to an arrangement with the landlord to avoid another application being made to the Tenancy Tribunal which might result in termination of the tenancy, whether immediately or conditionally.
J Tam
20 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 served a 14-day notice to the tenant requiring them to remedy the breach.
- The tenant did not remedy the breach within the required period.
- The amount of rent owing is less than one week’s rent.
❌ Tends to be rejected
- The tenant did not attend the hearing and failed to provide any explanation or defense.
- The tenant did not come to an arrangement with the landlord to avoid another application being made to the Tenancy Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay $308.57 in rent arrears and allowed the termination of the tenancy.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and remedy breaches within the specified period.
How did the court decide, and why?
The court decided to order the tenant to pay the rent arrears and allow the termination of the tenancy because the tenant failed to remedy the breaches within the specified period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 56(1) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to remedy the breaches within the specified period.
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 remedy breaches within the specified period to avoid termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.