Tenant's History of Rent Arrears Results in Tenancy Termination
📌 In brief
The Tenancy Tribunal decided to terminate the tenancy and grant possession to the landlord due to the tenant's history of rent arrears. The tenant agreed to pay rent on time until the end of the tenancy on 30 July 2025.
⚖️ Legal holding
A tenant must pay rent on time to avoid immediate termination of the tenancy.
📖 Technical summary
The Tenancy Tribunal granted termination of the tenancy and possession to the landlord, subject to conditions.
📜 Headnote Official document
The Tenancy Tribunal granted termination of the tenancy and possession to the landlord, subject to the condition that the tenant pays rent on time. The Tribunal noted the tenant's history of rent arrears and the resulting financial strain on the landlord.
📚 Full judgment Official document
__________________________________________________________________________________ 5161733 1
[2025] NZTT 5161733
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
CONSENT ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord name and identifying details.
2. The tenancy of [[NAME]] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], at 11.59pm on 30 July 2025.
3. The tenants must pay the rent of $530.00 per week by 5.00pm each Monday starting 9th June 2025. If the tenants do not pay the rent as required, the tenancy will terminate immediately, and possession is granted to the landlord.
Reasons:
1. Both parties attended the hearing. The landlord was seeking immediate termination for rent arrears. However, at the time of this hearing the rent was paid up to date.
2. However, there has been an ongoing history of rent arrears since the start of the tenancy. This is causing considerable hardship on the landlord and financial strain.
3. The tenant advised that they are wanting to terminate the tenancy. They own a property that they intend to reside in as of
__________________________________________________________________________________ 5161733 2
4. 30 July 2025. The parties agreed that the tenants could remain in the property until 30 July 2025 on the proviso that the tenants pay the rent due each Monday.
5. The agreement between the parties is that the tenants will pay $530.00 by 5.00pm each Monday starting from 9th June until the end of the tenancy on 30 July 2025.
6. If the tenant’s default on paying the rent on time the tenancy will come to an immediate end and the landlord will have immediate possession.
7. The tenants will reimburse the filing fee of $27.00 to the landlord.
8. I record the agreement between the parties.
9. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee.
10. Both parties seek suppression of their names and details. As the landlord has been successful with their claim, I will suppress their details. The landlord supports the tenant’s application for suppression and as I am recording their consent agreement and there are no outstanding rent arrears at the date of hjearing, I will suppress the tenants’ names and detail.
[NAME] 06 June 2025
__________________________________________________________________________________ 5161733 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's claim for immediate termination was accepted because there was an ongoing history of rent arrears.
- The landlord's claim was accepted because the rent arrears caused considerable hardship and financial strain.
- The landlord's claim was accepted because the tenants agreed to terminate the tenancy.
- The landlord was reimbursed the filing fee because they wholly succeeded with the claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted termination of the tenancy and possession to the landlord, subject to the condition that the tenant pays rent on time.
What was the dispute about?
The dispute was about the tenant's history of rent arrears and the landlord's request for immediate termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and grant possession to the landlord because of the tenant's history of rent arrears, which caused financial strain on the landlord.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was the tenant's history of rent arrears and the resulting financial strain on 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 someone in a similar situation, consistent payment of rent on time is crucial to avoid termination of the tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.