Tribunal Terminates Tenancy for Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant repeatedly failed to pay rent and did not fix the problem within the given time frame, as required by law.
⚖️ Legal holding
A tenant must remedy breaches within the given period or face termination of the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. This can happen if the landlord or tenant gives notice about the problem, and the other party fails to fix it within a reasonable time, which must be at least 10 working days.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy for non-payment of rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant for repeated rent arrears and failure to remedy breaches within the given period, as per the Residential Tenancies Act 1986, s 56(1).
📚 Full judgment Official document
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[2025] NZTT 5150994
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], [NAME]
ORDER
1. [NAME] must pay [COMPANY] $537.75 immediately, being rent arrears to 18 February 2025 and the Landlord’s application filing fee.
2. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE], [NAME] is terminated and possession is granted to [COMPANY] immediately.
Reasons:
1. The Landlord attended the hearing. I called the tenant twice and the call did not connect on either occasion.
2. The Landlord has applied for termination of the tenancy for breach of the Tenant’s obligations.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
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4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by failing to pay rent as it falls due.
6. The landlord served a 14-day notice on the tenant on 27 January 2025, and the tenant did not remedy the breach within the required period; before 10 February 2025, on which date, the Tenant was one week in arrears.
7. It would be inequitable to refuse to terminate the tenancy having regard to the Tenant’s history of non-payment, discerned from the rent records provided from the Landlord. The Landlord says there has been several default events and explanations have not been forthcoming.
8. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
[NAME]
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 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 tenant failed to pay rent as it fell due.
- The landlord served a 14-day notice requiring the tenant to remedy the breach, which the tenant did not follow.
- The tenant's history of non-payment was considered inequitable by the tribunal.
- The landlord provided rent records proving the amount owing.
❌ Tends to be rejected
- The tenant did not provide any explanations for the non-payment of rent.
- The tenant did not attend the hearing and could not present their side of the story.
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 a tenant for repeated rent arrears.
What was the dispute about?
The dispute was about the tenant's repeated failure to pay rent on time.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to remedy the breaches within the given period, as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 56(1) was applied.
What was the argument that mattered most?
The most important argument was that the tenant had multiple instances of non-payment and did not remedy the breaches within the required time frame.
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 should ensure they pay rent on time and remedy any breaches within the given period to avoid termination of their tenancy.
What evidence or documents mattered?
Rent records showing repeated non-payment and notices sent to the tenant were the key pieces of evidence.