Tenant's tenancy terminated for rent arrears - Tenancy Tribunal decision
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent over 21 days. The tenant was ordered to pay the landlord $4,927.35 for outstanding rent and fees.
⚖️ Legal holding
A tenant who fails to pay rent in arrears for at least 21 days is subject to tenancy termination and must pay outstanding rent and fees.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the tenant owes at least 21 days of rent by the time the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or assaults the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days and ordered the tenant to pay the landlord $4,927.35 for outstanding rent and fees.
📚 Full judgment Official document
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[2025] NZTT 5118112
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: 869A High Street, Boulcott, Lower Hutt 5011
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. The tenancy of [NAME] and [NAME] at 869A High Street, Boulcott, Lower Hutt 5011 is terminated, and possession is granted to [[NAME]], at 11.59pm on Thursday 13 February 2025.
3. The Bond Centre is to pay the bond of $2,960.00 to [[NAME]] immediately.
4. [NAME] and [NAME] must pay [[NAME]] $4,927.35 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 13 February 2025 $7,860.35 Filing fee reimbursement $27.00 Total award $7,887.35 Bond $2,960.00 Total payable by Tenant to Landlord $4,927.35
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Reasons:
1. This application was scheduled to be heard by video conference. None of the tenants linked to the Teams link provided to them and so I then made phone calls to the numbers provided for them. The two calls I made to [NAME]’s phone went unanswered. I left messages on the first calls I made to [NAME] and [NAME]’s phones saying that I would ring back in five minutes. I rang them both again and my call again went to voicemail.
2. The hearing then proceeded in their absence.
3. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed and so the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided a rent record which proves that as at today’s date $7,860.35 is owing in rent. The incudes the last payment of rent made on 5 December 2024 amounting to $256.71.
6. Further to this I am ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them.
C ter Haar 13 February 2025
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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 tenancy was terminated because the rent was more than 21 days overdue when the application was filed.
- The landlord proved that $7,860.35 was owed in rent by providing a rent record.
- The tenants must pay back the filing fee because the landlord won their claim completely.
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 tenancy of the tenant and ordered the tenant to pay the landlord $4,927.35 for outstanding rent and fees.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the landlord because the rent was in arrears for over 21 days, as required by the Residential Tenancies Act 1986.
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 that the rent was in arrears for over 21 days.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay rent on time to avoid termination of their tenancy.
What evidence or documents mattered?
The rent record provided by the landlord was the key evidence.