Tenant's Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they were behind on rent payments. The landlord was given possession of the property and was awarded over $4,000 in rent arrears and water rates.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the tenant's rent is at least 21 days late when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and possession was granted to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and granted possession to the landlord. The landlord was awarded $4,037.14, including rent arrears and water rates.
📚 Full judgment Official document
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[2025] NZTT 5164412
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], Te Atatu Peninsula, Auckland 0610
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], Te Atatu Peninsula, Auckland 0610 is terminated, and possession is granted to [The landlord/s], at 11.59 pm on Saturday 15 March 2025.
3. [NAME] and [NAME] must pay [The landlord/s] $4,037.14 on or before 15 March 2025, calculated as shown in the table below:
Description Landlord Tenant Rent arears to 3 March 2025 $2,719.17 Rent owed 4 - 15 March 2025 $1,080.00 Water rates: Water rates owed to 22 January 2025 $210.97 Filing fee reimbursement $27.00 Total award $4,037.14 Total payable by Tenant to Landlord $4,037.14
Reasons:
1. The landlord attended the hearing.
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2. The tenants emailed an apology after the hearing had started and asked for hearing to be put off to a later date. Given the serious nature of the application and the fact the tenants have handed in their notice I have made an order. The tenants also mentioned that they will need something in writing from the Tribunal to take to MSD. The tenants should take this order to MSD.
3. The landlord has applied for termination of the tenancy, rent arrears and water rates arears.
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 (RTA).
5. I have seen the notice given by the tenants and the last day of the tenancy according to the notice will be 15 March 2025. The landlord has asked that the tenancy terminates on the same day.
6. The landlord provided rent records which prove the amount owing at the end of the tenancy.
7. The landlord provided water rates records which prove the amount owing up to and including 22 January 2025.
8. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
9. The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’’ names are published because there is public interest when tenants owe rent. See section 95A RTA.
K Koller 03 March 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.
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
- Rent was at least 21 days in arrears.
- The landlord provided proof of rent arrears through rent records.
- The landlord provided proof of water rates arrears through records.
❌ Tends to be rejected
- The tenants asked for the hearing to be postponed.
- The tenants emailed an apology during the hearing.
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 tenancy of the tenant and grant possession to the landlord.
What was the dispute about?
The dispute was about the tenant's failure to pay rent, leading to arrears and the landlord's request to terminate the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears, 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 most important argument was that the rent was at least 21 days in arrears, 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?
For someone in a similar situation, failing to pay rent could lead to the termination of their tenancy and the landlord gaining possession of the property.
What evidence or documents mattered?
The evidence included rent records proving the amount owing and water rates records showing the amount of water rates owed.