Tenant ordered to pay rent arrears and terminate tenancy
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent and ordered the tenant to pay back the owed rent and fees. The landlord was given possession of the property and the bond was returned to the landlord.
⚖️ Legal holding
A tenant must pay rent arrears and associated fees when the tenancy is terminated for non-payment of rent.
📖 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 to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or others.
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 outstanding rent and fees.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay outstanding rent and fees. The landlord was granted possession of the property and the bond was refunded.
📚 Full judgment Official document
__________________________________________________________________________________ 5202832 1
[2025] NZTT 5202832
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 6:00pm on Sunday 11 May 2025.
3. [COMPANY] is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $2,015.56 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 11/05/2025 $2,988.56 Filing fee reimbursement $27.00 Total award $3,015.56 Bond $1,000.00 Total payable by Tenant to Landlord $2,015.56
__________________________________________________________________________________ 5202832 2
Reasons:
1. The landlord attended the hearing held by videoconference today. I telephoned the tenant twice however his phone went to voicemail. I continued with the hearing as the tenant has been emailed notice of the hearing date and time to his address for service.
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 which means either a final or conditional termination order must be made. See section 55(1)(a) Residential Tenancies Act 1986.
4. The tenant did not attend the hearing so there is no information upon which to make a conditional repayment order.
5. The tenancy will terminate on Sunday 11 May 2025.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy as $2,988.56.
7. The landlord is entitled to the filing fee, refund of the bond and to suppression of name, as sought.
8. The balance is payable by the tenant.
[NAME] 01 May 2025
__________________________________________________________________________________ 5202832 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 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.
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved that rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount owing.
- The landlord is entitled to the filing fee reimbursement.
- The landlord is entitled to the refund of the bond.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments.
- The tenant did not attend the hearing to contest the claims.
- The tenant did not respond to the notice of the hearing date.
- The tenant did not request a rehearing or appeal the decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy due to rent arrears and ordered the tenant to pay outstanding rent and fees.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the outstanding rent and fees because the rent was at least 21 days in arrears when the application was filed.
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 when the application was filed.
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 and having to pay outstanding rent and fees.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears at the end of the tenancy.