Tribunal Terminates Tenancy for $4,535 Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the tenant had not paid rent for over 21 days and breached their obligations under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated for rent arrears exceeding 21 days, as per the Residential Tenancies Act 1986, s bk.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent was at least 21 days overdue when the landlord applied to the Tribunal. It also covers situations where the tenant has caused or threatened significant damage to the property, or assaulted or threatened the landlord or their family/agent.
This section permits the Tribunal to end a tenancy if one party has broken a rule in the tenancy agreement or the Act. If the problem could have been fixed, the party who complained must have given the other party a notice to fix it within at least 10 working days, and the problem was not fixed.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears exceeding 21 days, as required by the Residential Tenancies Act 1986, s 56(2).
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and breach of obligations, as per sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5180912
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], immediately.
2. The Bond Centre is to pay the bond of $1,797.00 (3388091-009) to [NAME] immediately.
3. [NAME] and [NAME] must pay [NAME] $2,881.04 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 21.5.25 $4,535.29 Water rates $115.75 Filing fee reimbursement $27.00 Total award $4,678.04 Bond $1,797.00 Total payable by Tenant to Landlord $2,881.04
Reasons:
1. Both parties attended the hearing. There was no attendance by the tenant [NAME].
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears and refund of the bond.
Should the tenancy be terminated?
3. 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.
4. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
5. The landlord provided rent records which prove the amount owing as at todays’ hearing date.
6. The landlord also claims that the tenant has outstanding water charges which are yet to be paid. The tenant disputes this claim. She says that she was paying [NAME] directly and that her payments have not been recorded by the landlord. I have sighted the Watecare invoices provided by the landlord and am satisfied that the tenant is responsible for the outstanding amount.
7. As noted to the tenant during the hearing, she should contact [NAME] and obtain a full statement which confirms all amounts paid by the tenant. She should then provide a copy of this statement to the landlord so that they can deduct any unreconciled payments from the amount ordered.
8. The landlord was also advised during the hearing that they will need to file a new application with proper evidence in respect of the remaining vacated compensation claims which were not included with this application.
9. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
21 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 rent was at least 21 days in arrears on the hearing date.
- The landlord provided rent records proving the amount owing.
- The tenant disputes water charges but the tribunal reviewed the invoices and found the tenant responsible.
❌ Tends to be rejected
- The tenant did not attend the hearing.
- The tenant claimed to have paid the landlord directly but lacked proof of these payments.
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 of the tenant due to rent arrears and breach of obligations.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to unpaid rent and breaches of obligations.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant breached their obligations.
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 and the tenant breached their obligations.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, if rent is at least 21 days in arrears and the tenant breaches their obligations, the tenancy can be terminated.
What evidence or documents mattered?
The evidence that mattered included rent records and Watercare invoices.