Tribunal Terminates Tenancy for Rent Arrears Over 21 Days
📌 In brief
A tenant's failure to pay rent for over 21 days led to their eviction by the Tenancy Tribunal. The decision resulted in the termination of the tenancy, a financial penalty, and repayment of the bond to the landlord.
⚖️ Legal holding
A tenant's tenancy can be terminated for rent arrears exceeding 21 days, as per section 56(2) of the Residential Tenancies Act 1986, when applied to a case involving rent arrears of $3,340.00.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the 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 their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days, as required by section 56(2) of the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant at 76B Kahikatea Drive, Hamilton due to rent arrears exceeding 21 days. The landlord was granted possession and awarded financial penalties.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5505532 1
[2026] NZTT 5505532
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] [COMPANY], at 5.00pm on Thursday 11 June 2026.
2. The [COMPANY] is to pay the bond of $2,220.00 (BN-00085428) to [COMPANY] [COMPANY] immediately.
3. [RESPONDENT] must pay [COMPANY] [COMPANY] $1,148.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 11 June 2026 $3,340.00 Filing fee reimbursement $28.00 Total award $3,368.00 Bond $2,220.00 Total payable by Tenant to Landlord $1,148.00
__________________________________________________________________________________ 5505532 2
Reasons:
1. The landlord attended the hearing. The tenant was called on the number provided but did not answer.
2. 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 for breach of the tenant’s obligations, rent arrears and refund of the bond.
Should the tenancy be terminated?
4. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
5. Rent is at least 21 days in arrears at the hearing date. Rent was last paid on 22 April 2026.
6. The tenancy is terminated.
How much does the tenant owe?
7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
8. [COMPANY] [COMPANY] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME] 08 June 2026
__________________________________________________________________________________ 5505532 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tribunal grants conditional termination for $3,875 debt in Auckland
- Tenancy Tribunal Tenant ordered to pay $11,848.68 in rent arrears and water rates in Aucklan…
- Tenancy Tribunal Tribunal Terminates Tenancy for Rent Arrears in Whakatane
- Tenancy Tribunal Tenant Loses Tenancy Due to Absence and Rent Arrears in Auckland
- Tenancy Tribunal Tenant Ordered to Clean Overgrown Property in Auckland
- Tenancy Tribunal Landlord wins $1,485.00 rent arrears claim in Tenancy Tribunal
- Tenancy Tribunal Tenant ordered to pay $2,186.94 for rent arrears and damages in Auckland
- Tenancy Tribunal Tribunal Terminates Tenancy for Auckland Tenant Due to $10,125 Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay $3,152.81 in Rent Arrears and Application Fee in Auck…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant failed to pay rent for at least 21 days.
- Tenant did not attend a scheduled hearing.
- Tenant must comply with correctly served notices of rent increases.
- Tenant is required to keep the rental property reasonably clean and tidy.
- Tenant is liable for outstanding rent arrears when they are at least 21 days overdue.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was in arrears for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 56(2) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most 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 who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is in arrears for over 21 days, the tenancy can be terminated.
What evidence or documents mattered?
The rent records provided by the landlord mattered.