Tenant's lease terminated for unpaid rent over 21 days
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent for over 21 days. The landlord received the outstanding rent and the filing fee.
⚖️ Legal holding
A tenant who fails to pay rent for at least 21 days is subject to tenancy termination under the Residential Tenancies Act 1986.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days late when the application was made. It also allows for termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened to assault the landlord or others connected to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded the outstanding rent and filing fee.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord was granted possession and awarded the outstanding rent and filing fee.
📚 Full judgment Official document
__________________________________________________________________________________ 5126649 1
[2025] NZTT 5126649
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] Master Mcconnie Trust Limited
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to Rent Wise Property Management Limited As Agent For Master Mcconnie Trust Limited, at 11.59pm on Thursday 20 February 2025.
2. The Bond Centre is to pay the bond of $2,260.00 (6542514-001) to Rent Wise Property Management Limited As Agent For Master Mcconnie Trust Limited immediately.
3. [NAME] and [NAME] must pay Rent Wise Property Management Limited As Agent For Master Mcconnie Trust Limited $22.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $2,255.00 Filing fee reimbursement $27.00 Total award $2,282.00 Bond $2,260.00 Total payable by Tenant to Landlord $22.00
__________________________________________________________________________________ 5126649 2
Reasons:
1. This application was scheduled to be heard by video conference. The tenants did not link to the Teams link and nor did they answer their phones when called. I called each tenant twice. The hearing proceeded in their absence.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed and so the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which proves that as at today’s date $2,255.00 is outstanding in rent.
5. Further to this, because the landlord has wholly succeeded in their claim against the tenants, the tenants are required to reimburse them the filing fee.
C ter Haar
20 February 2025
__________________________________________________________________________________ 5126649 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/
__________________________________________________________________________________ 5126649 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 tenants did not pay rent for at least 21 days.
- The landlord provided rent records proving $2,255.00 in rent arrears.
- The tenants did not attend the hearing and did not provide any defense.
❌ Tends to be rejected
- The tenants failed to link to the Teams link for the hearing.
- The tenants did not answer their phones when called for the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated, and the landlord was granted possession and awarded the outstanding rent and filing fee.
What was the dispute about?
The dispute was about unpaid rent for over 21 days, 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 rent for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent for over 21 days, which justified the termination of the tenancy.
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 for over 21 days could face termination of their tenancy.
What evidence or documents mattered?
The rent records showing the outstanding rent were crucial evidence.