Termination of Tenancy and Payment of Rent Arrears Ordered
📌 In brief
The Tenancy Tribunal ended a tenancy and ordered the tenant to pay overdue rent. The decision also included granting possession to the landlord and enforcing the payment through regular deductions from the tenant's salary.
⚖️ Legal holding
A tenant must pay rent arrears and comply with the terms of their tenancy agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant exercised their rights or made a complaint. The tenant must apply within 14 working days of receiving the notice.
This rule outlines some of the types of orders the Tenancy Tribunal can make. These include declaring the rights or responsibilities of parties, ordering a party to give possession of premises to another, or ordering a party to pay money.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated a tenancy and ordered rent arrears to be paid.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant and ordered the tenant to pay rent arrears. The Tribunal also granted possession to the landlord and enforced the payment through an attachment order.
📚 Full judgment Official document
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[2024] NZTT 4775957
TENANCY TRIBUNAL - [COMPANY]
APPLICANT: [redacted] (As Trustees Of The [NAME] Family Trust)
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Cannons Creek, [COMPANY] 5024
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], Cannons Creek, [COMPANY] 5024 is terminated, and possession is granted to [COMPANY] As Agent For [NAME] And [COMPANY] (As Trustees Of The [NAME] Family Trust), at 11:59pm on Sunday, 17 March 2024.
2. The Bond Centre is to pay the bond of $2,200.00 (5223185-017) to [COMPANY] As Agent For [NAME] And [COMPANY] (As Trustees Of The [NAME] Family Trust) immediately.
3. [NAME] and [NAME] must pay [COMPANY] As Agent For [NAME] And [COMPANY] (As Trustees Of The [NAME] Family Trust) $1,248.31, calculated as shown in the table below:
Description Landlord Rent arrears $3,427.87 Filing fee reimbursement $20.44 Total award $3,448.31 Bond $2,200.00 Total payable by Tenant to Landlord $1,248.31
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4. An order is made under section 78(2AB) of the Residential Tenancies Act 1986 (RTA) that the parties have agreed to enforce the payment of $1,248.31 by way of an attachment order made under the District Court Act 2016.
5. The following details are set out under section 78(2AC) RTA:
a. The employer to whom the attachment order applies is [NAME] business division of [NAME] of Skills and Technology ([NAME]).
b. Deductions are fortnightly.
c. The amount to be deducted from salary or wages is $60.00.
d. The amount below which the net amount paid for the earnings period must not fall is $60.00.
e. The amounts deducted are to be paid to [COMPANY], [ADDRESS], [POSTCODE].
6. The attachment order is to remain in force until the amount specified in the money order has been paid in full.
7. This money order of the Tribunal may be filed in the District Court and, if so filed, sections 139(2) and 154 to 162 of the District Court Act 2016 apply to the extent they are applicable and subject to any necessary modifications.
Reasons:
1. Both parties attended the hearing and agreed to the orders made above.
[NAME]
15 March 2024
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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 $200. 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 tenancy was terminated, and possession was granted to the landlord.
- The Bond Centre was ordered to pay the bond to the landlord.
- The tenants were ordered to pay the landlord a total of $1,248.31.
- The parties agreed to enforce the payment through an attachment order on the tenant's wages.
- Both parties attended the hearing and agreed to the orders made.
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 and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about the tenant owing rent arrears and the landlord seeking termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay the rent arrears because the tenant had failed to make timely payments as required by the tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 78 were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to pay rent on time, leading to arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they meet their financial obligations under their tenancy agreement to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used to make the decision.