Tenant’s Tenancy Terminated for Rent Arrears
📌 In brief
In this case, the Tenancy Tribunal ruled that a tenant’s tenancy was terminated because they were behind on rent by more than 21 days when the landlord filed an application to end the lease. The tribunal ordered the tenant to pay back rent and granted possession of the property to the landlord.
⚖️ Legal holding
A tenant is required to pay rent arrears when they are at least 21 days in arrears on the date of filing an application for termination under section 54(1)(a) of the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy was terminated due to rent arrears, and possession granted to the landlord.
📜 Headnote Official document
The Tenancy Tribunal at Gisborne terminated a tenant's tenancy due to rent arrears of at least 21 days, granting possession to the landlord and ordering payment of outstanding rent. The tribunal also awarded compensation for lawn maintenance and repairs.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5498330, 5489589
5489638
TENANCY TRIBUNAL AT GISBORNE | TE TARAIPIUNARA RETIHANGA KI TŪRANGANUI-A-KIWA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [APPELLANT[COMPANY], at 5pm on 28 May 2026.
2. The Bond Centre is to pay the bond of $2,000.00 (BN-00150931) to [APPELLANT[COMPANY] immediately.
3. [RESPONDENT] must pay [APPELLANT] $1,210.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 28 May 2026 $3,790.00 Compensation: lawns, 9 fortnights @ $20 per fortnight from 2 Feb 2026 to date
$180.00
Compensation: gas reconnection fee as a gesture of goodwill
$50.00
Compensation: holes in toilet walls at start of tenancy, not fixed
$350.00
Total award $3,790.00 $580.00 Net award $3,210.00 Bond $2,000.00 Total payable by Tenant to Landlord $1,210.00
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant has counterclaimed for compensation for failure to maintain.
3. 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.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The exact rent arrears will be set-off against the following awards made in favour of the tenant.
6. The rent includes lawns being mowed regularly every fortnight. However, due to an altercation between the tenant’s partner (who complained about the lawns not being regularly attended to) and the lawnmowing contractor, the landlord no longer send their contractor over to the premises since 29 January 2026. The tenant has been attending to a section of the lawns themselves from February to date; I award the tenant $180.00 for the lawnmowing.
7. [RESPONDENT] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
8. Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
9. The landlord was aware of a hole in the toilet wall at the start of the tenancy but failed to fill and repair the hole to date. I award the tenant compensation for the landlord’s failure to attend to the repairs.
10. The landlord was unaware until recently that the hot water supply in the premises runs on gas. This caused the gas supply to the hot water cylinder to be disconnected since November 2025. The landlord agreed to reimburse the tenant the gas reconnection fee. While reconnection was not actually undertaken by the tenant (due to her credit rating), I consider it fair that the landlord should honour their undertaking to pay for the gas connection fee which I estimate at $50.00; I award this amount in favour of the tenant nonetheless.
11. Only the above amounts set out in the table above in favour of the tenant are proved.
12. Setting off the $580.00 against the rent arrears, there will be an order for the bond to be paid to the landlord and a balance monetary award in favour of the landlord in the sum of $1,210.00.
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13. Both parties were successful in their respective claims filed herein. I make no award for reimbursement of the Tribunal filing fee either way. Costs to lie where they fall.
14. While the tenancy formally ends today, the landlord has agreed to allow the tenant until Monday 1 June 2026 to vacate the premises.
[NAME]
28 May 2026
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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, 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.
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 rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount owing at the end of the tenancy.
- The landlord was aware of a hole in the toilet wall at the start of the tenancy but failed to repair it.
- The landlord agreed to reimburse the tenant the gas reconnection fee, even though it wasn't undertaken.
❌ Tends to be rejected
- The tenant claimed the landlord breached their obligations under section 45 of the Residential Tenancies Act 1986, but only specific issues were proven.
- The tenant's claim for compensation for failure to maintain was limited to specific instances proven in court.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to rent arrears, and the tenant must vacate the premises.
Who was involved?
A tenant and a landlord were involved in the dispute over unpaid rent.
How did the court decide, and why?
The court decided that since the tenant owed at least 21 days of rent when the application was filed, the tenancy could be terminated under section 54(1)(a) of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 54 and Section 45 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord proved that rent arrears exceeded 21 days when they filed for termination, which is a requirement under section 54(1)(a).
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If you are behind on rent and your landlord files an application to terminate your tenancy, you may lose your home if the arrears exceed 21 days.
What evidence or documents mattered?
Rent records showing the amount owing at the end of the tenancy were crucial.
Can a decision like this be appealed?
Yes, both parties can appeal to the District Court within 10 working days if they believe there was an error in the judgment.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer who specialises in tenancy law.