Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they owed rent that was over 21 days late and had breached their obligations under the lease agreement. The landlord proved the arrears and the tenant didn't show up to the hearing.
⚖️ Legal holding
A tenant's tenancy can be terminated if rent is at least 21 days in arrears and there is a breach of obligations.
📖 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 the tenant has caused significant damage or threatened the landlord or their family.
This rule states that the Tribunal can end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the party who complained must have given notice to the other party to fix it within at least 10 working days, and the other party failed to do so.
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
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and breach of obligations. The landlord had provided proof of the arrears and the tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5136314
TENANCY TRIBUNAL - Palmerston North | Te Papaioea
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated immediately and possession is granted to [NAME] As Trustee For The [COMPANY], today Tuesday 25 February 2025.
2. [COMPANY] is to pay the bond of $2,760.00 (6518510-012) to [NAME] As Trustee For The [COMPANY] immediately.
3. [NAME] must pay [NAME] As Trustee For The [COMPANY] $3,518.92 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to termination today $5,618.57 Water rates $633.35 Filing fee reimbursement $27.00 Total award $6,278.92 Bond $2,760.00 Total payable by Tenant to Landlord $3,518.92
Reasons:
1. The landlord attended the hearing by telephone.
2. The tenant was telephoned three times but did not answer.
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3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and water rates.
Should the tenancy be terminated?
4. 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.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
6. The landlord provided rent and water rates records which prove the amount owing at the end of the tenancy.
Immediate termination
7. The landlord has been unable to obtain access to the property for an inspection and seeks to enforce the termination with immediate effect.
8. Section 138 of the District Court Act 2016 provides that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. However, section 106(2) of the RTA which relates to enforcement of possession orders, confirms that reference to a “Judge” in section 138(1) applies as if it were reference to a Tenancy Adjudicator.
9. This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order.
10. [NAME] As Trustee For The [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
25 February 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 tenancy was terminated because the rent was at least 21 days in arrears by the hearing date.
- The landlord proved the amount of rent and water rates owed through provided records.
- The tenancy was terminated immediately because the landlord could not access the property for an inspection.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of unpaid rent and breaches of the lease agreement.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant had breached their obligations. The landlord provided proof of the arrears and the tenant did not attend the hearing.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears and the tenant had breached their obligations under the lease agreement.
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 have rent arrears and breaches of their obligations under the lease agreement.
What evidence or documents mattered?
The evidence that mattered included proof of rent arrears and records of the tenant's breaches of obligations.