Tenant's Tenancy Terminated Due to Consistent Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they had not paid rent for more than 21 consecutive days, as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if they remain in arrears for more than 21 consecutive days.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to consistent rent arrears over 21 days.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to consistent rent arrears over 21 days, as per the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5210714
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], at 11:59pm on Monday 2 June 2025.
2. The Bond Centre is to pay the bond of $106.00 (3017835-006) to Kāinga Ora– Homes And Communities immediately.
3. [NAME] must pay [COMPANY] $1,717.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 2/6/25 $1,823.00 Total award $1,823.00 Bond $106.00 Total payable by Tenant to Landlord $1,717.00
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Reasons:
1. [NAME] attended for the applicant.
2. He told me that [NAME] notified the applicant that the respondent was in prison on Tuesday 8 April 2024. The applicant took steps to contact and serve the respondent in prison.
3. The applicant told me that [NAME] provided the applicant with updates regarding the respondent. Mr [NAME] told me that he understood this to be acknowledgement of receipt of his service.
4. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
5. The rent records show that the respondent has been more than 21 days in arrears consistently for an extended period prior to the application being lodged and prior to the notification that the applicant received on Tuesday 8 April 2025 that the respondent was in prison.
6. Because the rent was at least 21 days in arrears on the date the application was filed I am obliged to terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
7. The landlord provided rent records which prove the amount owing to Monday 26 May 2025. I have applied a further one weeks rent to reflect the amount owing to the date of termination.
[NAME] 28 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 tenancy was terminated because the tenant was consistently more than 21 days in arrears.
- The tribunal was legally required to terminate the tenancy because the rent was at least 21 days overdue when the application was filed.
- The landlord provided rent records that proved the amount of rent owing up to a specific date.
- An additional week's rent was added to the total amount owed to cover the period until the tenancy termination date.
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 tenant's tenancy due to consistent rent arrears over 21 days.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent over 21 consecutive days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had been in arrears for more than 21 consecutive days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had been in arrears for more than 21 consecutive days.
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 should ensure they pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records showing the tenant was in arrears for more than 21 consecutive days mattered.