Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant had not paid rent for over 21 days. The tenant's name and identifying details were kept secret to protect their privacy.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears can have their tenancy terminated.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage or threatens the landlord or their family.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant's identifying details were suppressed.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the suppression of the tenant's name and identifying details to protect their privacy.
📚 Full judgment Official document
__________________________________________________________________________________ 5198511 1
[2025] NZTT 5198511
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
2. The tenancy of [The tenant/s] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11:59pm, Wednesday 7 May 2025.
3. [The tenant/s] must pay [COMPANY] $2,597.43 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7 May 2025 $2,597.43 Total payable by Tenant to Landlord $2,597.43
Reasons:
1. The landlord attended the hearing. The tenant did not attend. The landlord stated they spoke to the tenant last week who confirmed he was, at that time, in custody at Mount Eden Correctional Facility.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
__________________________________________________________________________________ 5198511 2
Should the tenancy be terminated?
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated immediately. See section 55(1)(a) Residential Tenancies Act 1986.\
How much does the tenant owe in rent arrears?
4. The landlord provided rent records which prove that as at 5 May 2025, the tenant was $2,573.43 in rent arrears.
5. Rent was due to be paid on 6 May 2025 but the tenant failed to make payment.
6. The weekly rent calculated on a daily basis is $12.00, therefore the tenant owes a further $24.00 in rent arrears for 6 – 7 May 2025.
7. An order that the tenant pay rent arrears to 7 May 2025 is made accordingly.
Should the tenant’s identifying details be suppressed?
8. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
9. The Tribunal may also, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
10. The landlord has made an application to suppress the tenant’s name on the basis the landlord says the privacy of the tenant outweighs any public interest in the matter. The landlord says they wish to safeguard the tenant’s ability to obtain a rental property in the future.
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11. I am not aware of any particular public interest in this matter. I accept that publishing the tenant’s name may impact his ability to obtain a rental property in the future. Balancing those two considerations, I am satisfied an order for suppression of the tenant’s name is appropriate.
[NAME] 07 May 2025
__________________________________________________________________________________ 5198511 4
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/
__________________________________________________________________________________ 5198511 5
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 because the rent was at least 21 days overdue when the application was filed.
- The landlord proved the tenant owed $2,573.43 in rent arrears up to May 5, 2025, with rent records.
- The tenant owed an additional $24.00 for rent from May 6-7, 2025, as they failed to pay the daily rate.
- The tenant's name was suppressed because the Tribunal accepted that publishing it might harm their future ability to rent.
- The Tribunal found no particular public interest in publishing the tenant's name, supporting the suppression order.
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's identifying details were suppressed.
What was the dispute about?
The dispute was about terminating a tenancy due to unpaid rent for over 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant owed rent arrears and 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 argument that mattered most was that the tenant's rent was at least 21 days in arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might face termination of their tenancy if they fail to pay rent for over 21 days.
What evidence or documents mattered?
The landlord provided rent records proving the tenant was in arrears.