Tenant's Tenancy Terminated for Rent Arrears
📌 In brief
A tenant failed to pay their rent on time, leading to substantial arrears. As a result, the Tenancy Tribunal terminated the tenancy and ordered the tenant to pay the outstanding rent.
⚖️ Legal holding
A tenant is required to pay rent on time or face termination of the tenancy and financial penalties.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy due to the tenant's failure to pay rent, resulting in significant arrears. The decision was based on section 54 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5502311
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy at [ADDRESS], [POSTCODE] is terminated at 5pm 5 June 2026 and possession granted to [APPELLANT[NAME].
2. [RESPONDENT] must pay [APPELLANT[NAME] $313.29 immediately, being rent arrears to 5 June 2026.
Reasons:
1. The landlord attended the hearing, represented by Ms [APPELLANT]. There was no appearance for the tenant.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. 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.
4. The tenant has now agreed to end the tenancy and the keys will be returned tomorrow.
5. The landlord provided rent records which prove the amount owing up to 8 June is $791.00. The landlord advised that a further $440 has been received, but not yet credited to the rent summary. That leaves a balance owing of $351.
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6. On the basis that the keys are returned tomorrow, there will be a further credit of three days, which comes to $37.71. Therefore the total owing is $313.29 up to and including tomorrow, 5 June 2026.
[NAME]
04 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.
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/
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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].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Claimant Awarded Rent Arrears 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
- Tenant failed to pay rent on time.
- Property was left in a condition requiring cleaning or rubbish removal.
- Rent arrears were at least 21 days when the termination application was filed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal decided to terminate the tenancy due to unpaid rent.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided based on evidence of significant rent arrears over 21 days.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The landlord's proof of unpaid rent for more than 21 days was crucial.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Tenants should ensure they pay their rent on time to avoid termination of their tenancy.
What evidence or documents mattered?
Rent records showing arrears were key evidence.
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 advisable to seek legal advice from a qualified lawyer.
