Unpaid Rent Arrears Leads to Termination of Tenancy
📌 In brief
This Tenancy Tribunal case involved a tenant who failed to pay rent for over 21 days. As a result, the tenancy was terminated, and the landlord was granted possession of the property. The tenant was also required to pay outstanding rent and a filing fee.
⚖️ Legal holding
A tenant's failure to pay rent for over 21 days results in the termination of their tenancy.
📖 Technical summary
The tenancy was terminated due to unpaid rent arrears.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy of a tenant was terminated due to unpaid rent arrears exceeding 21 days. The Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and a filing fee.
📚 Full judgment Official document
__________________________________________________________________________________ 5155015 1
[2025] NZTT 5155015
TENANCY TRIBUNAL - Porirua
APPLICANT: [redacted] Agent For [NAME]
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] As Agent For [NAME], immediately.
2. The Bond Centre is to pay the bond of $2,200.00 (3391456-010) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $955.57 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 21/2/2025 $3,128.57 Filing fee reimbursement $27.00 Total award $3,155.57 Less Bond $2,200.00 Total payable by Tenant to Landlord $955.57
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Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and the filing fee.
3. Rent was at least 21 days in arrears on the date the application was filed. No further rent has been paid by the tenant since the application was lodged. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
Filing Fee
4. Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.
[NAME]
21 February 2025
__________________________________________________________________________________ 5155015 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 landlord's application for termination and rent arrears was successful because the tenant had not paid rent for at least 21 days.
- The landlord was awarded the filing fee because they were successful with their claim.
- The tenancy was terminated, and possession was granted to the landlord immediately.
- The Bond Centre was ordered to pay the bond to the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated, and the landlord was granted possession of the property.
What was the dispute about?
The dispute was about unpaid rent arrears exceeding 21 days.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent for over 21 days, which is a violation of the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The most critical argument was the tenant's failure to pay rent for over 21 days, leading to the termination of the tenancy.
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, failing to pay rent for over 21 days could lead to the termination of their tenancy and the loss of their rental property.
What evidence or documents mattered?
The evidence included the amount of unpaid rent and the fact that no further rent had been paid since the application was lodged.