Tenant's Lease Terminated for Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay any rent since moving in. The landlord now has the right to take over the unit and the tenant must pay back the owed rent.
⚖️ Legal holding
A tenant who fails to make rent payments can have their tenancy terminated.
📖 Technical summary
The tenancy was terminated due to unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to make any rent payments since the tenancy began, granting possession to the landlord and ordering payment of arrears.
📚 Full judgment Official document
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[2025] NZTT 5217431
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59 pm on Sunday 11 May 2025.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $2,741.29 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $2,000.00 (BN-00056547) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 11 May 2025 $4,714.29 Filing fee reimbursement $27.00 Total award $4,741.29 Bond $2,000.00 Total payable by Tenant to Landlord $2,741.29
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
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2. The tenant has been served by email which is an address for service on her tenancy agreement. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
4. The landlord stated that since the tenancy began on 6 March 2025, the tenant has not made a single rent payment.
5. 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.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,714.29.
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
08 May 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 the tenant had not made any rent payments since the tenancy started.
- The landlord showed that the rent was overdue by more than 21 days when the application was filed.
- 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 Tenancy Tribunal terminated the tenant's lease and ordered the tenant to pay rent arrears to the landlord.
What was the dispute about?
The dispute was about the tenant failing to pay rent, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid any rent since the tenancy began, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to make any rent payments since the tenancy began.
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 who fails to pay rent could face termination of their tenancy and be ordered to pay rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount of rent arrears owed at the end of the tenancy.