Tenant's Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal at Kaikohe terminated a tenancy because the tenant stopped paying rent for over 21 days and methamphetamine testing was positive on the premises. The landlord received possession of the property immediately and the tenant had to pay $5,454.64.
⚖️ Legal holding
A landlord is entitled to terminate a tenancy immediately if the rent is more than 21 days in arrears.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy of a tenant at the address, Kaikohe was terminated due to rent arrears and methamphetamine testing.
📜 Headnote Official document
The Tenancy Tribunal at Kaikohe terminated the tenancy of a tenant due to rent arrears exceeding 21 days and methamphetamine testing on the premises. The landlord was granted possession immediately, and the tenant was ordered to pay $5,454.64.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5482629
TENANCY TRIBUNAL AT KAIKOHE | TE TARAIPIUNARA RETIHANGA KI KAIKOHE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME] [APPELLANT] [COMPANY] (as agent for [COUNSEL]) immediately.
2. The [COMPANY] is to pay the bond of $1,280.00 to [NAME] [APPELLANT] [COMPANY] (as agent for [COUNSEL]) immediately.
3. [RESPONDENT] must pay [NAME] [APPELLANT] [COMPANY] (as agent for [COUNSEL]) $5,454.64 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 2 June 2026 $5,497.14 Water rates to 2 April 2026 $1,209.50 Filing fee reimbursement $28.00 Total award $6,734.64 Bond $1,280.00 Total payable by Tenant to Landlord $5,454.64
Reasons:
Background
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1. The tenancy began on 29 November 2017.
2. The landlord arranged for methamphetamine testing to be carried out on the premises on 11 March 2026.
3. On 16 March 2026, the landlord gave 90-days’ notice to terminate the tenancy on 15 June 2026.
4. The landlord filed this application on 4 April 2026. The application sought termination of the tenancy, rent arrears, water rates arrears, and exemplary damages (methamphetamine).
5. The hearing took place in Kaikohe on 29 May 2026. Ms [RESPONDENT] represented the landlord at the hearing. There was no appearance by the tenant. The hearing proceeded in the absence of the tenant.1
Rent arrears
6. The landlord’s rent record shows that the tenant stopped paying the rent around the time that the landlord issued the 90-day termination notice.
7. The tenant sent Ms [APPELLANT] an email stating that she had to stop paying rent to save up money for the move.
8. At the date of hearing the rent was more than 21-days in arrears. Because of this, the landlord is entitled to an order for immediate termination of the tenancy.2
9. The amount of arrears is proven.
Water rates
10. The water rates claim includes the most recent invoice from the [APPELLANT] (for the period up to 2 April 2026).
11. The landlord provided a ledger showing the water rates invoices and amounts that the tenant paid towards water for the full period of the tenancy.
12. The amount of water rates arrears is proven.
Exemplary damages
13. At the hearing Ms [NAME] withdrew the claim for exemplary damages.
1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 56(2) & 55(1)(a) RTA
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Bond, filing fee
14. The rent arrears exceed the amount of the bond. The bond will be released to the landlord.
15. The landlord has been successful in this application, and I must also award the landlord the filing fee of $28.00.3
[NAME]
2 June 2026
3 Section 102(4)(a) RTA
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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 [NAME]/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 [NAME]/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.[NAME] https://www.[NAME] http://www.[NAME]
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
- Tenancy Tribunal Tenant's Tenancy Terminated for Abandonment and Arrears
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent and Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay $1,160.41 in Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Arrears and Vacate Property
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request
- Tenancy Tribunal Tribunal Denies Landlord’s Expedited Abandonment Request Due to Lack of Evi…
- Tenancy Tribunal Tenant’s Late Rehearing Application Denied by Tenancy Tribunal
- Tenancy Tribunal Landlord’s Claim for Rent Arrears Dismissed by Tenancy Tribunal
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
- Rent arrears of more than 21 days allow immediate termination.
- Tenant must comply with payment orders to avoid eviction.
- Abandonment coupled with rent arrears can lead to tenancy termination.
- Tenants are liable for rent arrears when the landlord files an application under section 54.
- Failure to respond to inquiries about possession, along with rent arrears, constitutes abandonment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to rent arrears exceeding 21 days and methamphetamine testing on the premises.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that the tenancy should be terminated because rent arrears exceeded 21 days and methamphetamine testing was positive on the premises.
Which laws or rules were applied?
Sections 54, 55(1)(a), and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The fact that rent arrears exceeded 21 days was the central reason for terminating the tenancy.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If rent arrears exceed 21 days, a tenant may face immediate termination of their tenancy.
What evidence or documents mattered?
Rent records and methamphetamine testing results were key pieces of evidence.
Can a decision like this be appealed?
Yes, both the landlord and tenant can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.