Tenant's tenancy terminated for rent arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent on time. The tenant was told to pay $1,490 to the landlord.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord.
📖 What the law says
This rule says that the Tenancy Tribunal must 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 for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenant's tenancy due to rent arrears and ordered the tenant to pay $1,490 to the landlord. The landlord proved the amount owing through rent records.
📚 Full judgment Official document
__________________________________________________________________________________ 5207991 1
[2025] NZTT 5207991
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
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 [Tenancy address suppressed] is terminated, and possession is granted to [COMPANY], at 5:00 pm on Wednesday 14 May 2025.
3. The Bond Centre is to pay the bond of $220.00 ([Bond number suppressed]) to [COMPANY] immediately.
4. [The tenant/s] must pay [COMPANY] $1,490.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 14/05/2025 $1,710.00 Total award $1,710.00 Minus bond - $220.00 Total payable by Tenant to Landlord $1,490.00
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
__________________________________________________________________________________ 5207991 2
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 and possession is granted to [COMPANY], at 5:00 pm on Wednesday 14 May 2025. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The rent owing to 14 May 2025 is $1,710.00.
6. I order the tenant to pay this amount to the landlord.
7. The bond is to be refunded to the landlord to offset the rent payable.
[NAME] 9 May 2025
__________________________________________________________________________________ 5207991 3
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
- The landlord's application for termination was accepted because the rent was significantly overdue.
- The landlord successfully proved the amount of rent owed by providing rent records.
- The bond was ordered to be paid to the landlord to cover part of the outstanding rent.
- The tenant was ordered to pay the landlord the remaining rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ended the tenant's lease and ordered the tenant to pay $1,490 to the landlord.
What was the dispute about?
The dispute was about unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and the landlord proved the rent arrears through rent records.
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 the proof of rent arrears by the landlord.
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 have their tenancy terminated if they do not pay their rent on time.
What evidence or documents mattered?
The rent records provided by the landlord mattered.