Tribunal Rejects Landlord's Claim for Rent Arrears and Tenancy Termination
📌 In brief
The Tenancy Tribunal dismissed the landlord's application to terminate the tenancy and collect rent arrears. The Tribunal found that the tenant had resolved the arrears and was unlikely to cause further issues.
⚖️ Legal holding
A tenant is entitled to have their rent arrears claim dismissed if they have remedied the breach and it is unlikely they will commit further breaches.
📖 What the law says
This section says that the Tenancy Tribunal must end a tenancy if the landlord applies and can show that the rent is at least 21 days overdue, or the tenant has caused or threatened significant damage to the property, or the tenant has assaulted or threatened the landlord or their family/agent/other occupants.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the landlord's application for termination of the tenancy and rent arrears.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for termination of the tenancy and rent arrears, finding that the tenant had remedied the breach and it was unlikely that the tenant would commit further breaches of this kind.
📚 Full judgment Official document
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[2025] NZTT 5097588
TENANCY TRIBUNAL - Auckland
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
Reasons:
1. The landlord attended the hearing. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by calling three separate phone numbers. The calls all went to voicemail. The hearing proceeded in the tenant’s absence.
2. The landlord has applied for termination of the tenancy and rent arrears.
Should the tenancy be terminated?
3. The Tribunal shall terminate a tenancy where:
a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and
b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or
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amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and
c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
4. While the landlord complied with section 55(1)(aa) in relation to the notices, section 55(1) is subject to section 55(2) which states:
“The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.”
5. The three notices were served on the tenant on 12, 21 and 28 November 2024. Throughout December 2024 the tenant paid more than the weekly rent meaning that the arrears were reducing. At all times the rent arrears were less than 21 days owing. On 30 January 2025 the tenant made a payment which cleared all arrears and since that date the tenant has paid the weekly rent. At the date of hearing there are no rent arrears owed.
6. For these reasons I consider that section 55(2) applies as I am satisfied that the breach has been remedied and it is unlikely that the tenant will commit any further breach of this kind. There was no evidence submitted at the hearing as to any loss for the landlord arising from the breach.
7. As there are no arrears that part of the claim is dismissed. Further, due to section 55(2) I decline to make an order terminating the tenancy and that claim is dismissed.
8. As the landlord was unsuccessful with the application I make no award for reimbursement of the filing fee.
N Walker
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18 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 paid more than the weekly rent throughout December 2024, reducing the arrears.
- By January 30, 2025, the tenant had cleared all rent arrears and continued to pay weekly rent.
- There were no rent arrears at the time of the hearing.
- The landlord did not provide evidence of any loss due to the breach.
❌ Tends to be rejected
- The landlord attempted to terminate the tenancy based on three instances of rent being at least 5 working days in arrear within a 90-day period.
- The landlord provided written notices to the tenant regarding the rent arrears on three separate occasions.
- The landlord applied to the Tribunal within 28 days after giving the third notice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application to terminate the tenancy and collect rent arrears.
What was the dispute about?
The landlord wanted to terminate the tenancy and collect unpaid rent from the tenant.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the tenant had resolved the rent arrears and was unlikely to cause further issues.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55, was applied.
What was the argument that mattered most?
The most important argument was that the tenant had resolved the rent arrears and was unlikely to cause further issues.
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 be able to avoid having their tenancy terminated if they resolve any rent arrears and demonstrate that they are unlikely to cause further issues.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.