Tenants Ordered to Pay Arrears Without Termination
📌 In brief
The Tenancy Tribunal ordered the tenants to pay rent and water arrears without terminating the tenancy. The landlord proved the arrears and the tenants did not show up for the hearing.
⚖️ Legal holding
A tenant must pay rent and water arrears when they are in arrears.
📖 What the law says
This section states that a tenant must pay rent when it is due according to their tenancy agreement. It also outlines other responsibilities like keeping the premises clean and notifying the landlord of damage.
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the breach can be fixed, the other party must first be given a notice to fix it within at least 10 working days.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenants to pay rent and water arrears without terminating the tenancy.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenants to pay rent and water arrears without terminating the tenancy. The landlord provided proof of arrears, and the tenants did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5152895
TENANCY TRIBUNAL AT
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: [Street address suppressed]
ORDER
1. The landlord’s name and identifying details including the tenancy address must not be published.
2. [NAME] and [NAME] must pay [the landlord] $2,530.64 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to the end of 14 April 2025 $2,442.86 Water rates $60.78 Filing fee reimbursement $27.00 Total award $2,530.64
Reasons:
1. The landlord attended the hearing.
2. The tenants did not attend. The hearing proceeded in their absence.
3. The landlord seeks rent and water arrears and reimbursement of the filing fee.
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4. The landlord is considering pursuing termination in another application if the tenants do not promptly pay the arrears and avoid further complaints from neighbours, but termination is not contemplated today.
Parties
5. [NAME] was named as a party. However, she has left the tenancy. She is removed as a party. [NAME] has been added as a tenant. He has a separate tenancy agreement, and the original tenancy agreement was not formally varied. However, the tenancy remains a single tenancy for one tenancy address in substance, but with one tenant removed and another added. I proceed to deal with the claim in that fashion.
Should the tenancy be terminated?
6. Rent was not 21 days in arrears when the landlord applied to the Tribunal. The Tribunal cannot order termination on that ground.1
7. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.2
8. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
9. The tenants have breached their obligations by failing to pay rent on time. However, the landlord did not serve a valid 14-day notice on the tenants. Therefore, on this occasion the Tribunal cannot terminate for the breach.
10. The tenants may also be in breach of their obligations not to cause or permit any interference with the reasonable peace, comfort, or privacy of any neighbours.3 Such breaches are not capable of remedy. Nonetheless, the Tribunal would typically be cautious about terminating a tenancy for breach in the absence of valid 14-day notices. Nor does it appear the tenants were given notice that the landlord would seek termination for breach of this obligation.
11. Today, I decline to terminate the tenancy. I am not satisfied in would be inequitable to refuse to terminate.
1 Under s 55 of the Residential Tenancies Act 1986 (RTA). 2 RTA, s 56(1). 3 RTA, s 40(2)(c).
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12. The tenants should not be complacent, however. They should comply with their tenant obligations in future. If the landlord has to make further application to the Tribunal for rent arrears or reasonable peace breaches, the Tribunal may be inclined to order termination.
Rent and water arrears
13. The landlord provided rent and water records to prove the arrears.
14. The Tribunal makes an order accordingly.
Filing fee
15. The tenants must reimburse the landlord’s filing fee.
Non-publication
16. The landlord seeks non-publication of her name and identifying details.
17. The landlord has substantially succeeded in the application. I do not consider publication is nonetheless justified in the public interest or due to the landlord’s conduct or any other circumstances.
18. Non-publication is allowed.
R Kee 15 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 [NAME]/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu [NAME], kōrero ranei mo tēnei take, haere ki tenei ipurangi [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
239838647: , Glen Innes, Auckland 1072 414901822: REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proof of rent and water arrears.
- The tenants did not attend the hearing.
- The landlord requested reimbursement of the filing fee.
- The landlord asked for non-publication of her name and identifying details.
❌ Tends to be rejected
- The Tribunal could not terminate the tenancy due to lack of a valid 14-day notice.
- The Tribunal would not terminate for neighbor complaints without proper notice to tenants.
- The Tribunal did not find it inequitable to refuse termination based on the current situation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenants to pay rent and water arrears without terminating the tenancy.
What was the dispute about?
The dispute was about unpaid rent and water arrears.
How did the court decide, and why?
The court decided to order the tenants to pay the arrears because the landlord provided proof of the arrears and the tenants did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 56(1), and 40(2)(c) were applied.
What was the argument that mattered most?
The most important argument was that the landlord had proof of the arrears and the tenants did not attend the hearing.
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 in a similar situation should ensure they pay their rent and water bills on time to avoid facing similar consequences.
What evidence or documents mattered?
The evidence that mattered was the proof of rent and water arrears provided by the landlord.