Tenant's tenancy terminated for unpaid rent arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid their rent for over a month. The landlord got back possession of the property and was awarded the bond plus the outstanding rent.
⚖️ Legal holding
A tenant must pay rent arrears to avoid termination of the tenancy.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to unpaid rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears, granting possession to the landlord and ordering payment of outstanding rent and bond. The landlord had provided proof of the amount owing at the end of the tenancy, and the tenant failed to attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5192452
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Propertyscouts Whangarei As Agents For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
[NAME]
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] T/A Propertyscouts Whangarei As Agents For [NAME], immediately.
2. The Bond Centre is to pay the bond of $2,080.00 (5843872-007) to [COMPANY] T/A Propertyscouts Whangarei As Agents For [NAME] immediately.
3. [NAME] and [NAME] must pay [COMPANY] T/A Propertyscouts Whangarei As Agents For [NAME] $1,958.08 immediately, calculated as shown in the table below:
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Description Landlord Tenant Rent arrears to 10 April 2025 $4,011.08 Filing fee reimbursement $27.00 Total award $4,038.08 Bond $2,080.00 Total payable by Tenant to Landlord $1,958.08
Reasons:
1. The landlord and [NAME] attended the hearing.
2. [NAME] and [NAME] were both called on the numbers provided but did not reply. The absence of a party does not prevent the matter from being heard and determined.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. 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.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy. Rent has not been paid since 26 February 2025.
6. The landlord withdrew their claim for damage without prejudice. This means that once they have possession of the premises, they may make any additional claims they wish.
7. [COMPANY] T/A Propertyscouts Whangarei As Agents For [NAME] has wholly succeeded with the claim, the other parties must reimburse the filing fee.
A Macpherson 10 April 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 landlord provided rent records proving the amount owed.
- Rent was at least 21 days in arrears when the application was filed.
- The landlord applied for termination of the tenancy due to unpaid rent.
❌ Tends to be rejected
- The tenants did not attend the hearing and did not provide any defense.
- The tenants did not reply to calls made to them during the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated, and the landlord was awarded the bond and outstanding rent.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over a month, as proven by the landlord's 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 unpaid rent arrears provided by the landlord.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone who fails to pay rent for over a month risks having their tenancy terminated and owing the landlord the bond and outstanding rent.
What evidence or documents mattered?
The rent records provided by the landlord mattered.