Tenant's Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid rent for over 21 days. The tenant agreed to pay back the rent and cover the costs of damages.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they fail to pay rent for over 21 days.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the tenant's rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination for substantial damage to the property or assault/threats against the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant accepted liability for damages.
📜 Headnote Official document
The Tenancy Tribunal at Whangarei terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The tenant accepted responsibility for the damages incurred.
📚 Full judgment Official document
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[2025] NZTT 5149851
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] (as agent for [NAME]) at 12.00 noon on Monday 17 March 2024.
2. The [COMPANY] is to pay the bond of $1,720.00 (0033503) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] (as agent for [NAME]) $3,667.89 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 12 March 2025 $4,430.00 Window repairs $189.58 Clear blocked toilet x 3 $655.06 Electrician call out $86.25 Filing fee reimbursement $27.00 Total award $5,387.89 Bond $1,720.00 Total payable by Tenant to Landlord $3,667.89
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Reasons:
1. The application sought termination of the tenancy, rent arrears, and repair costs.
2. The hearing took place on 12 March 2025 at the Whangarei Courts. Both parties attended the hearing. [NAME] and [NAME] represented the landlord.
3. [NAME] accepted all of the costs claimed by the landlord.
4. [NAME] provided me with a written summary of the difficulties that he has encountered in recent times, which ultimately have led to his current situation. [NAME] provided that summary as an explanation, not an excuse, and he accepts responsibility.
5. The rent was more than 21-days in arrears when this application was filed. The landlord is entitled to an order for termination of the tenancy.1
6. The tenancy will terminate at 12.00 noon on Monday 17 March 2025.
7. The landlord has been successful in this application and I must also award the landlord the filing fee of $27.00.2
8. The proven claim exceeds the bond. The bond will be released to the landlord.
[NAME]
12 March 2025
1 Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) 2 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 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.
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord was granted termination of the tenancy because the rent was over 21 days overdue when the application was filed.
- The tenant was ordered to pay for window repairs as claimed by the landlord.
- The tenant was ordered to pay for clearing a blocked toilet three times as claimed by the landlord.
- The tenant was ordered to pay for an electrician call-out as claimed by the landlord.
- The landlord was awarded the filing fee because they were successful in their application.
❌ Tends to be rejected
- The tenant's explanation of recent difficulties was not accepted as an excuse to avoid responsibility for the arrears and costs.
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 exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenant should have their tenancy terminated for failing to pay rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days, and the tenant accepted responsibility for the damages.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 102(4)(a) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had failed to pay rent for over 21 days, leading to the termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case to terminate the tenancy.
What does this mean for someone in a similar situation?
Someone in a similar situation could face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The evidence included the amount of rent arrears and the acceptance of responsibility by the tenant.