Tribunal Rejects Landlord's Request to Terminate Tenancy Due to Rent Arrears
📌 In brief
The Tenancy Tribunal dismissed the landlord's application to terminate the tenancy because the landlord failed to prove that the rent was consistently 5 working days in arrears on three separate occasions within a 90-day period.
⚖️ Legal holding
A landlord cannot terminate a tenancy solely based on three notices of rent arrears if the rent was not 5 working days in arrears on each occasion.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies, or if the tenant has caused 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 dismissed the landlord's application to terminate the tenancy due to insufficient evidence of repeated rent arrears.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application to terminate the tenancy due to insufficient evidence of repeated rent arrears. The Tribunal strictly interpreted the law and found that the rent was not 5 working days in arrears on each occasion.
📚 Full judgment Official document
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[2025] NZTT 5179413
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $905.57 immediately, being rent arrears to 13 May 2025 and the filing fee.
Description Landlord Tenant Rent arrears $878.57 Filing fee reimbursement $27.00 Total award $905.57 Total payable by Tenant to Landlord $905.57
2. All other applications are dismissed.
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Reasons:
1. Both parties attended the remote hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 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. In this case, I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
5. The first notice is dated 4 December 2024. The rent is recorded in that notice as being 4 days in arrears in the notice. Section 55 (1)(aa)(i) RTA requires rent to be 5 working days in arrears.
6. The Tribunal takes a strict interpretation of the law and the evidence in considering applications under this section. The requirements of s.55(1)(aa) RTA are so prescriptive, that it seems that Parliament intended every step to be taken precisely in accordance with the terms of the section. The grounds under s.55(1)(aa) RTA have not been established and the landlord’s application to terminate the tenancy is dismissed. The tenant is reminded of the obligation to pay rent on time and in full. A failure to do so will almost inevitably result in the landlord making a further application to the Tribunal for termination of the tenancy.
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7. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
8. As [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
S Young
13 May 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 proved the amount of rent owing by providing rent records.
- The landlord substantially won the claim for rent arrears, so the filing fee was reimbursed.
- The landlord served the notices to the tenant as required by the Residential Tenancies Act 1986.
- The landlord's application to the Tribunal was made within 28 days of the third notice.
- The tenant must pay the landlord $905.57 immediately for rent arrears and the filing fee.
❌ Tends to be rejected
- The landlord's application to terminate the tenancy was dismissed because the rent was not 5 working days in arrears.
- The landlord's application to terminate the tenancy was dismissed because the legal grounds were not established.
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.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy based on three notices of rent arrears.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the rent was not consistently 5 working days in arrears on each occasion.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(aa), was applied.
What was the argument that mattered most?
The most important argument was that the rent was not 5 working days in arrears on each occasion, as required by the law.
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?
For a landlord trying to terminate a tenancy based on rent arrears, it is crucial to ensure that the rent is consistently 5 working days in arrears on each occasion.
What evidence or documents mattered?
The rent records and the notices of rent arrears were the key pieces of evidence considered by the Tribunal.