Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal at Manukau ended the tenancy of a tenant because the tenant owed rent that was over 21 days late. The landlord was given control of the property and the tenant had to pay back rent and other charges.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears.
📖 What the law says
This rule says that a tenancy can be ended if the rent is at least 21 days late when the landlord applies to the Tenancy Tribunal. The Tribunal must make an order to end the tenancy if this condition is met.
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 at Manukau terminated the tenancy of the tenant due to rent arrears of about 7 weeks. The landlord was granted possession of the property and the tenant was ordered to pay outstanding rent and other charges.
📚 Full judgment Official document
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[2025] NZTT 5158144
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
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 midnight on Thursday 24 April 2025.
2. The Bond Centre is to pay the bond of $2,400.00 (5559466-009) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $2,436.17 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent to 24 April 2025 $4,710.43 Water to March 2025 $98.74 Filing fee reimbursement $27.00 Total award $4,836.17 Bond $2,400.00 Total payable by Tenant to Landlord $2,436.17
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Reasons:
1. The landlord attended the hearing, scheduled for videoconference, by telephone. The landlord had difficulty joining the video-call. I also called the tenant by telephone twice, but calls went to voicemail.
2. The landlord has applied for termination of the tenancy, rent arrears, outgoings, and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The arrears are about 7 weeks’ rent. It is appropriate to terminate the tenancy pursuant to section 55(1)(a) of the Residential Tenancies Act 1986.
4. The landlord mentioned that they would have been open to a conditional termination order if the tenant had attended. The tenant may wish to give the landlord a ring about a payment arrangement.
5. The landlord provided a rent and water summary which proves the amount owing at the end of the tenancy.
6. The landlord’s application has succeeded. The filing fee is awarded.
M Edison
22 April 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
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided a detailed rent and water summary proving the amount owing.
- The landlord mentioned willingness to consider a conditional termination if the tenant attended.
❌ Tends to be rejected
- The tenant did not attend the hearing and could not present their arguments.
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 landlord was granted possession of the property.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears.
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 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 could face termination of their tenancy if they fall behind on rent payments.
What evidence or documents mattered?
The rent and water summary provided by the landlord proved the amount owing at the end of the tenancy.