Tenant Ordered to Pay Rent Arrears and Vacate Premises
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they were behind on rent payments. The tenant was ordered to leave the property and pay back the owed rent and bond.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the tenancy is terminated.
📖 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 allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated and the tenant must pay outstanding rent and bond.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to vacate the premises and pay outstanding rent and bond.
📚 Full judgment Official document
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[2025] NZTT 5204853
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at 11:59pm, Sunday 22 June 2025.
2. The [COMPANY] is to pay the bond of $3,600.00 (5881150-003) to [NAME] immediately.
3. [NAME] must pay [NAME] $2,627.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 9 June 2025 $6,200.00 Filing fee reimbursement $27.00 Total award $6,227.00 Bond $3,600.00 Total payable by Tenant to Landlord $2,627.00
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Reasons:
4. Both parties attended the phone hearing. [NAME] also attended. [NAME] was listed as a tenant in the landlord’s application, pursuant to the tenancy agreement. However, at the outset of the hearing, [NAME] provided the Tribunal with a copy of a Temporary Tenancy Order (TTO) of the Family Court. The TTO states he ceased to be a tenant from 19 December 2023. Both parties confirmed the Family Court proceedings are on-going and no final order has been granted. Pursuant to the TTO, [NAME] is removed as a party to this application.
5. The landlord was disconnected twice during the hearing. The landlord was reconnected after the first disconnection. I was satisfied after the second disconnection that I had heard the landlord’s submissions and the hearing ended shortly thereafter.
6. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
7. During the hearing the parties explored the possibility of a conditional termination order, however, ultimately, the landlord confirmed he sought immediate (or close to) termination of the tenancy.
How much does the tenant owe in rent?
8. The landlord provided rent records which prove the amount owing as at 9 June 2025. [NAME] accepted she was in rent arrears.
9. The amount ordered is proved.
Should the tenancy be terminated?
10. Given the rent was at least 21 days in arrears on the date the application was filed the landlord is entitled to seek immediate termination of the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
11. At the hearing, the landlord expressed sympathy for the tenant and her children, and expressed that they should be afforded some time before the tenancy ends. The landlord sought termination as at the end of 16 June 2025.
12. The tenant submitted the tenancy should continue until Sunday 22 June 2025. [NAME] stated her children will commence living with their father full-time from Friday 20 June 2025, and if she was able to remain until the end of that weekend it would allow her time to move out after her children had left.
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13. I consider it in the interests of her children to allow [NAME] to remain in the tenancy until after they have moved to their father’s. I consider it appropriate to permit her to remain in the tenancy until the end of the weekend.
14. [NAME] is reminded that she must pay rent until (and including) the final day of the tenancy. That means that, in addition to the rent arrears ordered above, [NAME] must pay an additional $1,617.43 in rent as it falls due.
15. The remaining rent [NAME] must pay is:
a. 10– 16 June 2025: $900.00 (due today, 10 June 2025);
b. 17 – 22 June 2025: $771.43 (due Tuesday 17 June 2025).
Should the tenant reimburse the landlord’s application fee?
16. As the landlord has succeeded with the claim the tenant must reimburse the filing fee.
N Small
10 June 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 proved the amount of rent owed by providing rent records.
- The tenant accepted that she was behind on rent payments.
- The landlord was entitled to end the tenancy because the rent was over 21 days late when the application was filed.
- The landlord's application fee was reimbursed because they won the claim.
- The tenant was allowed to stay until the end of the weekend to help her children move to their father's home.
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 and ordered the tenant to vacate the premises and pay outstanding rent and bond.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed, as per section 55(1)(a) of the Residential Tenancies Act 1bk6.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most 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 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 are up-to-date with rent payments to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord and the Temporary Tenancy Order from the Family Court mattered.