Termination of Tenancy Due to Rent Arrears
📌 In brief
A tenant's tenancy was terminated by the Tenancy Tribunal due to rent arrears and breach of obligations. The landlord proved the amount owing through rent records, leading to the termination of the tenancy under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears on the hearing date.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant exercised their rights or complained about the tenancy. The tenant must apply within 14 working days of receiving the notice.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Residential Tenancies Act. If the breach could have been fixed, the party asking for termination must have first given the other party a notice to fix the problem within at least 10 working days, and the problem was not fixed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and breach of obligations.
📜 Headnote Official document
In a Tenancy Tribunal case, the tenancy of a tenant was terminated due to rent arrears and breach of obligations. The landlord provided proof of the amount owing, and the tenancy was terminated under sections 54 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5492649 1
[2026] NZTT 5492649
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 4, [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room 4, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm on 16 June 2026.
2. [NAME] must pay [COMPANY] $1,328.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 16 June 2026 $3,900.00 Filing fee reimbursement $28.00 Total award $3,928.00 Bond $2,600.00 Total payable by Tenant to Landlord $1,328.00
3. The Bond Centre is to pay the bond of $2,600.00 (BN-32612919) to [COMPANY] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
__________________________________________________________________________________ 5492649 2
2. 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?
3. 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.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
5. The landlord provided rent records which proves the amount owing of $3,900.00 through to 16 June 2026.
6. [COMPANY] has wholly succeeded with the claim I must also reimburse the filing fee.
[NAME]
15 June 2026
__________________________________________________________________________________ 5492649 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.
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/
__________________________________________________________________________________ 5492649 4
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's request to end the tenancy was granted because the rent was overdue by at least 21 days on the hearing date.
- The landlord provided records that proved the amount of rent owing.
- The landlord was reimbursed for the filing fee because they fully won their claim.
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 the tenant must pay the landlord $1,328.00 immediately.
What was the dispute about?
The dispute was about the termination of the tenancy due to unpaid rent and breach of obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date.
Which laws or rules were applied?
Sections 54 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was the proof of rent arrears provided by the landlord.
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 could face termination of their tenancy if they have rent arrears and breach their obligations.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount owing.