Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they failed to pay rent for over 21 days. The landlord showed proof of the unpaid rent, and the tenant did not show up to the hearing.
⚖️ Legal holding
A tenant's failure to pay rent for at least 21 days can lead to the termination of their tenancy.
📖 What the law says
This rule states that a landlord can ask the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the application is made. The Tribunal must then make an order to end the tenancy if it is satisfied that the rent is indeed 21 days in arrears.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord provided proof of the arrears, and the tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5217651
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on Friday, 30 May 2025.
2. [NAME] must pay [COMPANY] $1,692.00 from the bond, calculated as shown in the table below:
Description Landlord Rent arrears (to 30 May 2025) $1,665.00 Filing fee reimbursement $27.00 Total award $1,692.00 Bond $1,692.00
3. The [COMPANY] is to pay $1,692.00 from the bond of $1,720.00 (6030273- 003) to [COMPANY] immediately.
4. The balance of the bond of $28.00 is to remain at the [COMPANY].
Reasons:
1. The landlord attended the hearing.
2. The tenant did not attend by the video link provided in the notice of hearing. I made two calls to her mobile during the hearing. Both went to voicemail.
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3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed. The arrears have been reduced since the application was filed, have not been repaid in full. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
[NAME]
29 May 2025
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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 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 landlord proved that rent was at least 21 days in arrears.
- The landlord provided rent records showing the amount owed.
- The tenant did not attend the hearing and could not contest the claims.
❌ Tends to be rejected
- The tenant did not provide any proof to dispute the rent arrears.
- The tenant did not respond to the notice of hearing or participate in the hearing.
- The tenant did not repay the full amount of the rent arrears before the hearing.
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 exceeding 21 days.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent for over 21 days justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved the rent arrears, and the tenant did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The most important argument was the landlord's proof of rent arrears exceeding 21 days.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case to terminate the tenancy.
What does this mean for someone in a similar situation?
For someone in a similar situation, failing to pay rent for over 21 days could lead to the termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.