Tribunal Denies Termination of Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal denied the landlord's request to terminate the tenancy due to rent arrears. However, the tenant was ordered to pay the outstanding rent arrears. The Tribunal acknowledged the tenant's efforts to remedy the breaches.
⚖️ Legal holding
A tenant is entitled to avoid tenancy termination if they demonstrate efforts to remedy breaches.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy. The tenant must apply within 14 working days of receiving the notice and argue that the landlord gave the notice because the tenant tried to use their rights or complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal denied the landlord's request to terminate the tenancy but ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tribunal denied the landlord's request to terminate the tenancy due to rent arrears, acknowledging the tenant's efforts to remedy the breaches. The tenant was ordered to pay the outstanding rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5107157
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] and [NAME] must pay [COMPANY] $81.28 immediately, being the filing fee and rent arrears to 27 February 2025.
Description Landlord Tenant Rent arrears $54.28 Filing fee reimbursement $27.00 Total award $81.28 Total payable by Tenant to Landlord $81.28
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord has applied for an order for rent arrears and termination of the tenancy for breach of the tenant’s obligations.
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Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by failing to pay the rent on time when due each week.
6. The landlord served a 14-day notice on the tenant on 19 November 2024 and the tenant did not remedy the breach within the required period.
7. I have sighted and carefully considered the landlord’s updated rent ledger provided prior to the hearing today. The outstanding rent arrears as at todays’ date are only $54.28. While I acknowledge the long history of rent arrears I also take into account the real efforts by the tenants to remedy the rent breaches. I also acknowledge the explanation for the rent arrears as provided by the tenants during the hearing.
8. On this occasion I am not prepared to grant an application for termination.
9. The tenants are placed on notice however that the rent must be paid on time each week when due. Any future rent breaches will most likely result in termination of the tenancy.
10. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
27 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 tenant demonstrated efforts to remedy the rent breaches.
- The outstanding rent arrears were relatively small at $54.28.
- The landlord acknowledged the tenant's explanations for the rent arrears.
❌ Tends to be rejected
- The landlord requested termination based on the tenant's failure to pay rent on time.
- The tenant did not fully remedy the breach within the required 14-day period.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal denied the landlord's request to terminate the tenancy but ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant's failure to pay rent on time.
How did the court decide, and why?
The court decided not to terminate the tenancy, recognising the tenant's efforts to remedy the breaches.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's efforts to remedy the rent breaches.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might avoid tenancy termination if they show efforts to remedy breaches.
What evidence or documents mattered?
The updated rent ledger provided by the landlord was a key piece of evidence.