Tribunal Terminates Tenancy Over £16,090 in Rent Arrears in Auckland
📌 In brief
In this case, the Tenancy Tribunal ruled that the tenant must leave their rental property because they did not pay rent on time for at least 21 days before the landlord filed an application. The tribunal also ordered the tenant to pay back rent and other fees owed to the landlord.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated under the Residential Tenancies Act 1986 if rent is at least 21 days in arrears when the application is filed.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant was ordered to pay $13,318.00 to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the respondent due to rent arrears. The tribunal ordered the tenant to vacate by a specific date and pay outstanding amounts, including bond refund.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5495769 1
[2026] NZTT 5495769
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], [NAME] and [NAME], at 11.59pm on Wednesday 12 June 2026.
2. The [COMPANY] is to pay the bond of $2,800.00 (BN-32562423) to [COMPANY] and [NAME] immediately.
3. [RESPONDENT] must pay [COMPANY], [NAME] and [NAME] $13,318.00 on or before 12 June 2026, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 12 June 2026 $16,090.00 Filing fee reimbursement $28.00 Total award $16,118.00 Bond $2,800.00 Total payable by Tenant to Landlord $13,318.00
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Reasons:
1. [NAME] attended the hearing. The tenant was phoned on the number provided but there was no response to the call.
2. The landlords have applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated: section 55(1)(a) Residential Tenancies Act 1986.
4. The landlords provided rent records which together with Ms [NAME] oral evidence prove the amount owing at the end of the tenancy.
5. The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee.
[NAME]
04 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant ordered to pay $7,586.34 in rent arrears and vacate premises
- Tenancy Tribunal Tenant Ordered to Pay $630.45 for End-of-Tenancy Obligations Not Met
- Tenancy Tribunal Tribunal Terminates Tenancy in Auckland Due to £2,763.57 Rent Arrears
- Tenancy Tribunal Tribunal Grants Landlord $909.44 for Rent Arrears and Terminates Tenancy in…
- Tenancy Tribunal Tribunal Terminates Tenancy for £4,328 in Rent Arrears in Auckland
- Tenancy Tribunal Tribunal awards $6,512.25 for repairs after tenant abandonment in Whangarei
- Tenancy Tribunal Tribunal Awards $1,508 in Rent Arrears and Rubbish Removal Costs for Auckla…
- Tenancy Tribunal Tribunal Terminates Tenancy for Unpaid Rent in Auckland
- Tenancy Tribunal Tribunal Orders Tenant to Pay $513 for Rent Arrears in Auckland
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant pays rent as required.
- Tenant complies with rental agreements.
- Landlord can terminate tenancy for significant rent arrears exceeding 21 days.
- Tenant maintains property in good condition upon vacating.
- Tenant attends hearings and addresses disputes timely.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about the tenant's failure to pay rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the rent arrears exceeded 21 days.
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 most important argument was the proof of rent arrears exceeding 21 days provided by the landlord.
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?
For tenants facing similar situations, it means that consistent rent payments are crucial to avoid termination of the tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.