Tenant ordered to pay rent arrears and vacate premises
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay $8,016.40 in rent arrears and vacate the premises after failing to remedy breaches within the required period.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when they fail to remedy breaches within the required period.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the other party must first be given a notice explaining the breach and at least 10 working days to fix it. If they don't fix it within that time, the Tribunal can terminate the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated and the tenant ordered to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant and ordered them to pay $8,016.40 in rent arrears after finding that the tenant had failed to remedy breaches within the required period.
📚 Full judgment Official document
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[2025] NZTT 5262119
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] immediately.
2. [NAME] must pay [COMPANY] $8,016.40 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $8,016.40 Total award $8,016.40 Total payable by Tenant to Landlord $8,016.40
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Reasons:
1. The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The tenant has left the premises but allowed others to reside.
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.
5. The tenant has breached their obligations by failing to pay rent arrears as demanded and not residing at the premises.
6. The landlord served multiple notices on the tenant regarding these breaches. The tenant did not remedy the breaches within the required period.
7. Further, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
8. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
9. The landlord provided rent records which prove the amount owing at the end of the tenancy. This was calculated to 9 June 2025.
10. A discussion regarding mitigation of the increasing rent arrears took place. For reasons that remain unclear, the landlord repeated a failed process of engagement, serving a second notice to return after it seems apparent the first had been received and not actioned (mid-March 2025). This delayed a legitimate application to the Tribunal by some two months (eventually lodged 14 May 2025).
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11. In Huang v Ashworth [2024] NZDC 15726 the District Court confirmed there is a duty to mitigate for rent arrears (see section 49 Residential Tenancies Act 1986). [ADDRESS] confirmed the test of what the landlord ought to do to mitigate its loss is a factual one and depends on:
a. Whether the landlord took all reasonable steps to mitigate its loss; and b. More particularly, whether it acted reasonably having regard to all
the circumstances of the case.
12. Given the above and the circumstances in this matter, it is considered appropriate to reduce rent liability to the period ending 5 May 2025. Rent arrears at that date was $8,016.40 and this is awarded.
M Brennan
10 June 2025
https://tta.today/download/huang-v-ashworth-2024-nzdc-15726/
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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 tenancy was terminated because the tenant failed to pay rent arrears as demanded.
- The landlord proved the amount of rent owing with rent records.
- The tenant did not remedy the breaches within the required period after receiving multiple notices.
- The tenancy was terminated because the rent was at least 21 days in arrears at the hearing date.
❌ Tends to be rejected
- The landlord's claim for rent arrears was reduced because they delayed applying to the Tribunal.
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 pay $8,016.40 in rent arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and vacate the premises.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay rent arrears because the tenant failed to remedy breaches within the required period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 56(1), and 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to remedy breaches within the required 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 required period to avoid termination of their tenancy and payment of rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing at the end of the tenancy.