Tribunal Ends Tenancy Over $1,770 in Rent Arrears in Auckland
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the rent was over 21 days late. The landlord showed proof of the outstanding rent through records.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated for rent arrears exceeding 21 days under section 55(1)(a) of the Residential Tenancies Act 1986.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the rent was at least 21 days late when the landlord applied to the Tribunal. It also allows for 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 Tribunal terminated the tenancy due to rent arrears exceeding 21 days and ordered the tenant to pay $717.00 to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears exceeding 21 days. The landlord proved the amount owing through rent records.
📚 Full judgment Official document
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[2025] NZTT 5157531
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] must pay [COMPANY] $717.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 27 February 2025 $1,770.00 Filing fee reimbursement $27.00 Total award $1,797.00 Bond $1,080.00 Total payable by Tenant to Landlord $717.00
3. The Bond Centre is to pay the bond of $1,080.00 (6453453-009) to [COMPANY] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing and did not respond when telephoned on the number ending in 691.
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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. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing of $1,770.00 through to 27 February 2025.
5. [COMPANY] has wholly succeeded with the claim I must reimburse 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
- Rent was at least 21 days in arrears, allowing the landlord to terminate the tenancy.
- The landlord provided rent records proving the amount owing.
- The landlord successfully claimed a reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not respond when contacted.
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 tenancy due to rent arrears exceeding 21 days.
What was the dispute about?
The dispute was about the tenant owing $1,770 in rent arrears that exceeded 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid the rent arrears for over 21 days, as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not paid the rent arrears for over 21 days.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, failing to pay rent arrears for over 21 days could lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records proving the amount owing of $1,770 through to 27 February 2025.