Tribunal Ends Tenancy Over Unpaid Rent Arrears in Auckland
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay their rent and did not show up for the hearing. The landlord showed proof of the unpaid rent, and the Tribunal agreed to end the tenancy.
⚖️ Legal holding
A tenant must pay rent arrears when they exceed $2,877.00, as mandated by section 56(2) of the Residential Tenancies Act 1986.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was submitted. It also allows termination for substantial damage or assault by the tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding $2,877.00, as required by section 56(2) of the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and the tenant's failure to attend the hearing. The landlord proved the amount owing at the end of the tenancy, and the Tribunal ordered the tenant to pay the outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5182131
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] For [NAME], at 11.59 pm on Sunday 27 April 2025.
2. [COMPANY] is to pay the bond of $1,680.00 (6554066-025) to [COMPANY] For [NAME] immediately.
3. [NAME] must pay [COMPANY] For [NAME] $1,224.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 23 April 2025 $2,877.00 Filing fee reimbursement $27.00 Total award $2,904.00 Bond $1,680.00 Total payable by Tenant to Landlord $1,224.00
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the three calls made at the scheduled time on the numbers provided to the Tribunal.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord is seeking termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
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. The landlord provided rent records which prove the amount owing at the end of the tenancy as of today’s date is $2,877.00.
6. [COMPANY] For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
23 April 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 landlord provided proof of rent arrears totaling $2,877.00.
- The tenant did not attend the hearing despite proper notice.
- Rent was at least 21 days in arrears on the hearing date.
- The landlord was served notice of the hearing according to the law.
❌ Tends to be rejected
- The tenant did not request an adjournment before the hearing.
- The tenant did not provide any reason for failing to attend the 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 due to unpaid rent arrears of $2,877.00.
What was the dispute about?
The dispute was about unpaid rent arrears of $2,877.00.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears on the hearing date, as required by the Residential Tenancies Act 1986.
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 argument that mattered most was that the rent was at least 21 days in arrears on the hearing date.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they pay their rent on time to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.