Tenant Ordered to Pay Rent Arrears and Vacate Premises
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $5,500.57 in rent arrears and vacate the premises immediately. This decision was made under the Residential Tenancies Act 1986, section 55(1)(a), which allows for termination of a tenancy if rent is at least 21 days in arrears upon filing the application.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises if the rent is at least 21 days in arrears upon filing the application.
📖 What the law says
This section states that the Tenancy Tribunal must order a tenancy to end if the landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows for 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 Tribunal ordered the tenant to pay rent arrears and vacate the premises immediately.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $5,500.57 in rent arrears and vacate the premises immediately due to prolonged non-payment of rent. The decision was based on the Residential Tenancies Act 1986, section 55(1)(a).
📚 Full judgment Official document
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[2025] NZTT 5261039, 5126268
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], South Head, RD 1, South Head 0874
ORDER
1. [NAME] must pay [COMPANY] $5,500.57 immediately, being rent arrears to 10 June 2025.
2. The Tenancy of [NAME] at [ADDRESS], South Head, RD1, South Head 0874 is terminated and possession is granted immediately to the Landlord.
Description Landlord Tenant Rent arrears $5,473.57 Filing fee reimbursement $27.00 Total award $5,500.57 Total payable by Tenant to Landlord $5,500.57
Reasons:
1. The Landlord attended the hearing by telephone. The Tenant did not answer the telephone calls made by the Tribunal.
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2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond. At the hearing the Landlord withdrew the claim for refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. As [COMPANY] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea
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 that the rent was overdue by at least 21 days when the application was filed, leading to tenancy termination.
- The landlord provided rent records that confirmed the amount of money owed at the end of the tenancy.
- The landlord was reimbursed for the filing fee because they fully succeeded with their claim.
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 $5,500.57 in rent arrears and vacate the premises immediately.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears, leading to the landlord's application for termination of the tenancy.
How did the court decide, and why?
The court decided in favour of the landlord, ordering the tenant to pay rent arrears and vacate the premises immediately, as the rent was at least 21 days in arrears upon filing the application.
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 argument that mattered most was that the rent was at least 21 days in arrears upon filing the application.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
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.
What evidence or documents mattered?
The landlord provided rent records proving the amount owing at the end of the tenancy.