Tenant's Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent for over 21 days. The landlord was awarded $718.00 for unpaid rent.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days results in termination of the tenancy under the Residential Tenancies Act 1986, s 54.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The tenancy of the respondent was terminated by the Tenancy Tribunal due to rent arrears. The claimant, Kāinga Ora–Homes And Communities, successfully proved that the tenant owed $718.00 in unpaid rent.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5511254 1
[2026] NZTT 5511254
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME]–[APPELLANT[NAME], immediately.
2. [RESPONDENT] must pay [APPELLANT[NAME] $718.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 29 May 2026 $718.00 Total award $718.00 Total payable by Tenant to Landlord $718.00
Reasons:
1. The landlord attended the hearing. The tenant did not appear.
2. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for termination of the tenancy and rent arrears.
__________________________________________________________________________________ 5511254 2
4. 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.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
A [NAME]
29 May 2026
__________________________________________________________________________________ 5511254 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant pays or agrees to repay rent arrears.
- Tenant leaves premises clean and tidy, removing all rubbish.
- Tenant does not dispute the landlord's right to terminate under section 54 of the RTA.
- Landlord provides robust evidence of tenant's breach of rental obligations.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to terminate the tenancy and order the tenant to pay rent arrears.
Who was involved?
The claimant, Kāinga Ora–Homes And Communities, and the respondent, a tenant.
How did the court decide, and why?
The court decided based on evidence of unpaid rent for over 21 days.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 54 was applied.
What was the argument that mattered most?
Evidence showing rent arrears for at least 21 days.
Was the decision for or against the person who brought the case?
The decision was in favour of the claimant.
What does this mean for someone in a similar situation?
If you have unpaid rent, your tenancy could be terminated and you may owe money to the landlord.
What evidence or documents mattered?
Rent records showing arrears were crucial.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer.