Tenant's Tenancy Terminated Due to Unpaid Rent and Mental Health Issues
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid their rent for over 75 days. The tenant had serious mental health issues, and the court granted possession to the landlord on May 1st, 2025.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent remains unpaid for over 21 days.
📖 What the law says
This rule 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 termination if the tenant caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent/other occupants.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant's mental health issues.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent and serious mental health issues. The tenant's name and identifying details were suppressed.
📚 Full judgment Official document
__________________________________________________________________________________ 5190372 1
[2025] NZTT 5190372, 5198572
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
2. The tenancy of [The tenant/s] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As [NAME], at 12pm (midday) on Thursday, 1 May 2025.
3. The Bond Centre is to pay the bond of $384.00 ([Bond number suppressed]) to [COMPANY] As [NAME] immediately.
4. [The tenant/s] must pay [COMPANY] As [NAME] $698.85 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 16 April 2025 $1,082.85 Total award $1,082.85 Bond $384.00 Total payable by Tenant to Landlord $698.85
__________________________________________________________________________________ 5190372 2
Reasons:
1. Only the landlord attended the hearing. [NAME] appeared for the landlord. The tenant’s mother appeared and advised that her daughter was suffering from serious mental health issues. She said that she did not have authority to represent her daughter at the hearing today.
2. The landlord has filed two applications for termination of the tenancy as follows:
a. 5190372 being an application for termination of the tenancy on the basis that the rent was at least 21 days in arrears on the date the application was filed (section 55(1)(a) Residential Tenancies Act 1986 (RTA)).
b. 5190572 being an application for termination on the basis that there have been three instances of anti-social behaviour (yelling and screaming for long periods) in a 90 day period and the landlord has served the tenant with notices accordingly (section 55A RTA).
3. The landlord produced a rent summary proving that the rent was at least 21 days in arrears on the date the application was filed. It appears that the tenant has stopped the automatic payments that were coming from WINZ. No rent has been paid since the application was filed. The rent is now 75 days in arrears ($1,082.85).
4. The tenancy is terminated.
5. As the tenancy has been terminated there is no need for me to go on to consider whether there has been anti-social behaviour at the tenancy.
6. It appears that the issues that have occurred during this tenancy are due to serious mental health difficulties currently being experienced by the tenant. I was told that she has wrap around support and that more suitable accommodation is being arranged as a matter of urgency, likely in a residential facility. At the request of the landlord I have granted possession on 1 May 2025 to allow time for that alternative accommodation to be arranged.
7. In the circumstances I consider that it is appropriate for me to exercise my discretion to suppress publication of the tenant’s name and identifying details.
8. The landlord did not seek reimbursement of the filing fee but advised that they may file another claim for damage and additional rent arrears once the tenant has moved out.
[NAME] 16 April 2025
Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals
__________________________________________________________________________________ 5190372 3
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 [NAME] 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/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
- The landlord proved that the rent was at least 21 days overdue when the application was filed.
- The tenant had stopped the automatic rent payments from WINZ.
- No rent had been paid since the landlord filed the application.
- The landlord requested a specific possession date to allow the tenant time to arrange alternative accommodation.
- The Tribunal decided to suppress the tenant's name and identifying details due to serious mental health difficulties.
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 tenancy due to unpaid rent and serious mental health issues.
What was the dispute about?
The landlord wanted to terminate the tenancy because the tenant hadn't paid rent for over 75 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was significantly overdue, despite the tenant's mental health issues.
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 rent was over 21 days in arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also face termination of their tenancy if they fail to pay rent on time and have ongoing mental health issues.
What evidence or documents mattered?
The rent summary showing the amount owed and the tenant's mother's statement about the tenant's mental health were key pieces of evidence.