Tenant's Failure to Pay Rent Results in Tenancy Termination
📌 In brief
The Tenancy Tribunal at Manukau ended a tenant's lease because they failed to pay rent and left the property with outstanding bills. The landlord was given possession of the property and received compensation for the unpaid rent and other charges.
⚖️ Legal holding
A tenant who fails to pay rent and leaves the premises in arrears is liable for rent arrears and other outstanding charges.
📖 What the law says
This section explains that if a tenancy ends and someone is entitled to the property, the Tenancy Tribunal must issue an order giving them possession of the premises. However, this order cannot be made more than three months after the tenancy ended. Also, if the Tribunal ends a tenancy under certain other sections of the Act, that decision automatically acts as an order giving the landlord possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy and awarded the landlord possession and monetary compensation.
📜 Headnote Official document
The Tenancy Tribunal at Manukau terminated the tenancy of a tenant due to unpaid rent and awarded possession to the landlord along with monetary compensation for rent arrears and other charges.
📚 Full judgment Official document
__________________________________________________________________________________ 5195155 1
[2025] NZTT 5195155
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
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 [NAME], immediately.
2. The [COMPANY] is to pay the bond of $2,120.00 (5413754-009) to [NAME] immediately.
3. [NAME] must pay [NAME] $4,470.07 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 30 May 2025 $6,480.00 Water rates $83.07 Filing fee reimbursement $27.00 Total award $6,590.07 Bond $2,120.00 Total payable by Tenant to Landlord $4,470.07
Reasons:
1. Only the landlord attended the hearing.
__________________________________________________________________________________ 5195155 2
2. The landlord has applied for rent arrears and water rates outstanding and possession of the premises following the termination of the tenancy after the tenant gave notice to the landlord on 12 February 2025 that he will be vacating on 8 March 2025.
3. The landlord accepted the tenant’s text notice and the date of termination is 8 March 2025. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
4. The rent is also in substantial arrears, the last weekly rent being paid on 4 March 2025.
5. The rent summary and water rates invoice proved the amounts owing at the end of the tenancy.
[NAME]
28 May 2025
__________________________________________________________________________________ 5195155 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.
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/
__________________________________________________________________________________ 5195155 4
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's claim for rent arrears was successful because the tenant had not paid weekly rent for a significant period.
- The landlord's claim for outstanding water rates was accepted as proven by the provided invoice.
- The landlord's application for possession of the premises was granted because the tenant had given notice to vacate.
- The landlord was reimbursed for the filing fee as part of the total amount owed by the tenant.
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 awarded possession and monetary compensation to the landlord.
What was the dispute about?
The dispute was about unpaid rent and other charges owed by the tenant to the landlord.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent and left the premises with outstanding bills.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 64(1), was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent and had left the premises with outstanding bills.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation could face termination of their tenancy and have to pay outstanding rent and other charges.
What evidence or documents mattered?
The rent summary and water rates invoice proved the amounts owing at the end of the tenancy.