Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant owed rent arrears. The tenant had to pay back the landlord $14,916.98, including the bond amount.
⚖️ Legal holding
A tenant must pay rent arrears to the landlord upon termination of the tenancy.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application is made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the bond was transferred to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy due to rent arrears and ordered the tenant to pay the landlord $14,916.98, including the bond transfer.
📚 Full judgment Official document
__________________________________________________________________________________ 5112508 1
[2025] NZTT 5112508
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME] and [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59 pm on Saturday 1st March 2025.
3. The Bond Centre is to pay the bond of $4,399.98 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] and [NAME] must pay [The landlord/s] $14,916.98 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 01/03/2025 $19,289.96 Filing fee reimbursement $27.00 Total award $19,316.96 Minus bond - $4,399.98 Total payable by Tenant to Landlord $14,916.98
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
__________________________________________________________________________________ 5112508 2
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated at 11:59 pm on Saturday 1st March 2025. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
5. The rent owing to 1st March 2025 is $19,289.96. I order the tenant to pay this amount to the landlord.
6. Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.
[NAME] 27 February 2025
__________________________________________________________________________________ 5112508 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 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent arrears through provided rent records.
- The rent was at least 21 days in arrears when the application was filed.
- The landlord successfully applied for the termination of the tenancy.
❌ Tends to be rejected
- The tenant did not attend the teleconference hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy and ordered the tenant to pay the landlord $14,916.98.
What was the dispute about?
The dispute was about unpaid rent arrears leading to the 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 rent was at least 21 days in arrears when the application was filed.
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 that the rent was at least 21 days in arrears when the application was filed.
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 and have to pay rent arrears if they fall behind on payments.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.