Termination of Tenancy for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay their rent on time. The tenant was told to leave the property and pay the outstanding rent.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated and to be ordered to pay rent arrears under the Residential Tenancies Act 1986, specifically section 55(1)(a), when rent is at least 21 days in arrears.
📖 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 of $1,568.00, and possession was granted to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and ordered the tenant to vacate the premises.
📚 Full judgment Official document
__________________________________________________________________________________ 5196871 1
[2025] NZTT 5196871
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 name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00pm on 8 April 2025.
3. [NAME] must pay [The landlord/s] $1,568.00 immediately, being rent arrears to 7 April 2025.
Reasons:
1. The landlord’s representative attended the hearing. The tenant did not attend and I could not reach her by telephone at the number supplied. I decided to continue the hearing in her absence as she has been posted notice of the hearing at the location the landlord says she is currently, and an email has been sent to her most current email address.
2. The landlord advises that its property manager spoke to the tenant by telephone about a month ago and advised it would seek termination of the tenancy if she is not able to return and recommence her rent payments. She hoped she would be returning by then but there has been no contact from her to date.
__________________________________________________________________________________ 5196871 2
3. The landlord has applied for termination of the tenancy and payment of rent arrears.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenant is not present or able to be contacted. I have made a final termination order. 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 and I award this now.
6. The landlord seeks suppression of both parties’ names. I suppress the landlord’s name but not the tenant’s as there is no evidence to show that her interests outweigh those of the public interest in this case.
[NAME] 08 April 2025
__________________________________________________________________________________ 5196871 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 tenant did not attend the hearing and could not be reached by phone or email.
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided rent records proving the amount of arrears.
❌ Tends to be rejected
- The landlord hoped the tenant would return and resume rent payments.
- The landlord sought suppression of the tenant's name but was denied.
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 tenant's lease and ordered the tenant to pay $1,568 in rent arrears immediately.
What was the dispute about?
The dispute was about the tenant's failure to pay $1,568 in rent arrears.
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 overdue.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 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, allowing for termination of the tenancy.
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 arrears.
What evidence or documents mattered?
Rent records proving the amount owing at the end of the tenancy were provided by the landlord.