Tenant's Tenancy Terminated Due to Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal terminated the tenant's tenancy due to unpaid rent arrears. The landlord successfully proved the amount owing and the tenancy was ended under Section 54 of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must pay rent arrears to terminate their tenancy.
📖 Technical summary
The tenancy was terminated due to unpaid rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to unpaid rent arrears. The landlord provided proof of the amount owing and the tenancy was terminated under Section 54 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5508129
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], Zest
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE], Zest is terminated, and possession is granted to [COMPANY] As Agent For [NAME], immediately.
2. The [COMPANY] is to pay the bond of $1,800.00 (BN-00123585) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $2,020.86 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 18 June 2026 $3,792.86 Filing fee reimbursement $28.00 Total award $3,820.86 Bond $1,800.00 Total payable by Tenant to Landlord $2,020.86
Reasons:
1. The landlord attended the hearing.
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2. The tenant was called on the number provided but did not answer. 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, rent arrears and refund of the bond.
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. Rent has not been paid since 8 April 2026.
6. As [COMPANY] As Agent For [NAME] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
A Macpherson 18 June 2026
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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, 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord attended the hearing, allowing their case to be heard.
- The tenant's rent was at least 21 days overdue when the application was filed, justifying tenancy termination.
- The landlord provided records that proved the amount of rent owed at the end of the tenancy.
- The landlord fully succeeded with their claim, so the tenant must reimburse the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's tenancy was terminated due to unpaid rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the amount of rent arrears owed by the tenant.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most important argument was the proof of unpaid rent arrears provided by the landlord.
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 termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears.