Tenant ordered to pay rent arrears and terminate tenancy
📌 In brief
The Tenancy Tribunal ordered the termination of a tenant's tenancy due to unpaid rent and ordered the tenant to pay outstanding rent and related costs.
⚖️ Legal holding
A tenant must pay outstanding rent and related costs if they fail to meet their rental obligations.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was filed. It also allows termination if the tenant has caused or threatened substantial 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 tenancy was terminated due to unpaid rent and the tenant was ordered to pay outstanding amounts.
📜 Headnote Official document
The Tenancy Tribunal ordered the termination of a tenant's tenancy due to unpaid rent and ordered the tenant to pay outstanding rent and related costs.
📚 Full judgment Official document
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[2025] NZTT 5166071
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of Veisinia Tapua Vaki at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as Agents for [COMPANY], at midnight on Wednesday 16 April 2025.
2. The Bond Centre is to pay the bond of $2,920.00 (6549228-009) to [COMPANY] as Agents for [COMPANY] immediately.
3. Veisinia Tapua Vaki must pay [COMPANY] as Agents for [COMPANY] $7,688.40 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 16 April 2025 $10,428.57 Lock/key replacement $16.00 Water to January 2025 $136.83 Filing fee reimbursement $27.00 Total award $10,608.40 Bond $2,920.00 Total payable by Tenant to Landlord $7,688.40
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Reasons:
1. The landlord attended the telephone hearing today. Calls to the tenant did not go through. The tenant knew about the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, outgoings, key replacement, and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed (section 55 of the Residential Tenancies Act 1986). The rent has not been paid since the application was filed. It is appropriate to terminate the tenancy. The landlord said the tenant has given notice to leave on 16 April 2025. The landlord agreed to end the tenancy on 16 April 2025, next Wednesday.
4. The landlord provided rent and water records which prove the amount owing at the end of the tenancy.
5. The tenant lost her keys and the landlord had to provide the tenant with replacement keys.
6. The landlord’s application has been successful. The filing fee is awarded.
[NAME]
10 April 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 owed rent that was at least 21 days in arrears.
- The landlord provided proof of the rent and water arrears.
- The tenant lost her keys, requiring the landlord to replace them.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the arrears.
- The tenant did not attend the hearing despite knowing about it.
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 termination of the tenant's tenancy and ordered the tenant to pay outstanding rent and related costs.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay outstanding rent and related costs because the tenant failed to pay the rent as agreed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 55 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not paid the rent as agreed, leading to the termination of 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 meet their rental obligations to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included rent and water records proving the amount owing at the end of the tenancy.