Tribunal Terminates Tenancy for $6,638.57 in Rent Arrears in Auckland
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant due to unpaid rent that was at least 21 days overdue. The tenant was ordered to pay the landlord's filing fee.
⚖️ Legal holding
A tenant must pay rent arrears and terminate the tenancy when rent is at least 21 days in arrears, as per section 55(1)(a) of the Residential Tenancies Act 1986.
📖 What the law says
This rule says that a landlord can ask the Tenancy Tribunal to end a tenancy. The Tribunal must agree if the rent was at least 21 days late when the landlord made their application.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay $6,638.57 in rent arrears and terminate the tenancy, granting possession to the landlord immediately.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the respondent due to rent arrears exceeding 21 days, ordering the respondent to pay the landlord's filing fee.
📚 Full judgment Official document
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[2025] NZTT 5104748
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $6,638.57 immediately, being rent arrears to 21 February 2024 and the application filing fee.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] immediately.
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.
4. The Landlord provided rent records which prove the amount owing at the end of the tenancy.
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5. The Landlord has wholly succeeded in their claim. The Tenant must reimburse the Landlord’s filing fee.
[NAME]
21 February 2025
__________________________________________________________________________________ 5104748 3
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 when the application was filed.
- The landlord provided rent records proving the amount owed.
- The tenant must reimburse the landlord's filing fee.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or arguments regarding the rent arrears.
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not request a rehearing based on new evidence or procedural issues.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay $6,638.57 in rent arrears and the filing fee, and the tenancy was terminated.
What was the dispute about?
The dispute was about unpaid rent arrears totaling $6,638.57.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and the filing fee because the rent was at least 21 days in arrears.
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 the proof of rent arrears provided by the landlord.
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?
Rent records proving the amount owing at the end of the tenancy mattered.