Tribunal Terminates Tenancy Due to $2,935.43 Arrears in Palmerston North
📌 In brief
The Tenancy Tribunal ended the tenancy of the respondent because they had not paid their rent for over 21 days. The landlord was granted possession of the property.
⚖️ Legal holding
A tenant’s tenancy can be terminated for rent arrears exceeding 21 days, as seen in this case where the termination was ordered under the Residential Tenancies Act 1986, s 55(1)(a).
📖 What the law says
This rule 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 made. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days. The Residential Tenancies Act 1986, s 55(1)(a) was applied.
📜 Headnote Official document
The Tenancy Tribunal at Palmerston North terminated the tenancy of the respondent due to rent arrears, granting possession to the landlord under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5169293
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
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] today Tuesday 12 March 2025 at 11.59 pm.
2. The tenant is to pay the landlord $2,935.43 immediately being rent arrears to termination.
Reasons:
1. The landlord attended the hearing.
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.
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4. The landlord provided rent records which prove the amount owing at the end of the tenancy.
[NAME]
12 March 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 rent was at least 21 days in arrears.
- The landlord provided proof of the rent arrears through rent records.
- The landlord attended the hearing.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments regarding the rent arrears.
- The tenant did not dispute the amount of rent owed.
- The tenant did not request a rehearing or an appeal.
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 $2,935.43 in unpaid rent.
What was the dispute about?
The dispute was about the tenant owing $2,935.43 in rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had rent arrears over $2,935.43, as required by Section 55(1)(a) of 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 rent arrears over $2,935.43.
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?
Someone in a similar situation might face termination of their tenancy if they have significant rent arrears.
What evidence or documents mattered?
Rent records proving the amount owing at the end of the tenancy mattered.