Tenant’s tenancy terminated for unpaid rent
📌 In brief
The Tenancy Tribunal terminated a tenant's lease and ordered payment of $1,157.15 in rent arrears due to non-payment for over 21 days as per section 55(1)(a) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days can lead to the termination of their tenancy under section 54(1)(a) of the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated and rent arrears were ordered due to non-payment.
📜 Headnote Official document
The Tenancy Tribunal terminated the respondent's tenancy and ordered payment of $1,157.15 in rent arrears due to non-payment for over 21 days as per section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5502029
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 [APPELLANT[NAME], immediately.
2. [RESPONDENT] must pay [APPELLANT[NAME] $1,157.15 immediately, being rent arrears to 28 May 2026.
Reasons:
1. [NAME], representing the landlord, attended the video conference hearing. The tenant did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.
2. The landlord has applied for termination of the tenancy and rent arrears.
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.
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How much rent is owing?
4. The landlord provided rent records which prove the amount owing to 1 June 2026, which was $1,217.15. Weekly rent is $105.00 so daily rent is $15.00. Four days rent @ $15.00/day, for a sub-total of $60.00, is deducted from the rent arrears owing to 1 June 2026 of $1,217.15, to bring the rent arrears owing as at 28 May 2026, the end of the tenancy, back to $1,157.15.
C Price
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 landlord proved that rent was at least 21 days in arrears.
- The landlord provided detailed rent records showing the exact amount owed.
- The tenant did not attend the hearing, even though they were notified.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the rent arrears.
- The tenant did not show up to contest the termination of the tenancy.
- The tenant did not offer any evidence to dispute the amount of rent owed.
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 rent arrears were ordered.
Who was involved?
A landlord and a tenant.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to pay rent for over 21 days.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The tenant's failure to pay rent for over 21 days.
Was the decision for or against the person who brought the case?
It was in favour of the landlord.
What does this mean for someone in a similar situation?
If you are behind on rent, your tenancy can be terminated and you may have to pay arrears.
What evidence or documents mattered?
Rent records were provided by the landlord.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer.