Tenant ordered to pay rent arrears and vacate premises
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay $601.29 in rent arrears and vacate the premises immediately. The landlord had proven the tenant's failure to pay rent and confirmed the tenancy had ended by mutual agreement.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the landlord proves the tenant's failure to pay rent and the tenancy has terminated by agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their rights. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay $601.29 in rent arrears to 8 January 2025. The landlord had provided proof of the tenant's failure to pay rent and confirmed the tenancy had terminated by agreement.
📚 Full judgment Official document
__________________________________________________________________________________ 5125688 1
[2025] NZTT 5125688
TENANCY TRIBUNAL AT REMOTE LOCATION
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. Team Group Rentals Limited As Agent For [NAME] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
2. [NAME] must pay Team Group Rentals Limited As Agent For [NAME] $601.29 immediately, being rent arrears to 8 January 2025.
3. [COMPANY] is to pay the bond of $1,880.00 (5945283-006) to Team Group Rentals Limited As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 8 January 2025 $2,454.29 Filing fee reimbursement $27.00 Total award $2,481.29 Bond $1,880.00 Total payable by Tenant to Landlord $601.29
__________________________________________________________________________________ 5125688 2
Reasons:
1. The landlord attended the hearing via teleconference. The tenant was called on the number provided but the calls were disconnected. The absence of a party does not prevent the matter from being heard and determined.
2. This is a fixed term tenancy which commenced on 5 July 2024 and was due to run until 3 July 2025.
3. The landlord initially applied to the Tribunal for termination of the tenancy and rent arrears.
4. However, the landlord confirms they agreed the tenant could leave the fixed term tenancy early on 8 January 2025. The tenancy has therefore already terminated by agreement and the landlord is entitled to immediate possession.
5. The tenancy ended on 8 January 2025, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
6. The landlord has provided rent records which prove the amount owing to 8 January 2025.
7. Because Team Group Rentals Limited As Agent For [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson
26 February 2025
__________________________________________________________________________________ 5125688 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 the tenant owed rent up to the agreed termination date.
- The landlord and tenant had agreed for the fixed-term tenancy to end early.
- The tenancy had already ended by agreement, so the landlord was entitled to immediate possession.
- The landlord's claim was entirely successful, so the tenant had to pay the filing fee.
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 tenant to pay $601.29 in rent arrears and vacate the premises immediately.
What was the dispute about?
The dispute was about unpaid rent arrears and the tenant's obligation to vacate the premises.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent and the tenancy had terminated by agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the landlord had provided proof of the tenant's failure to pay rent and confirmed the tenancy had ended by mutual agreement.
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 pay their rent on time and follow the proper procedures for ending a tenancy.
What evidence or documents mattered?
The judgment mentions rent records proving the amount owing to 8 January 2025.