Rent arrears eviction

Our Experts Answer:

Sections 55 and 56 of the Residential Tenancies Act sets out how a tenancy can be ended by the Tenancy Tribunal when it considers an application for rent arrears.

If the rent was 21 days or more in arrears at the time the application was made, the Tribunal has the ability to terminate the tenancy agreement. However, if the rent was less than 21 days in arrears, the Tribunal may look at other penalties for late payments or non-payment of rent, such as a Monetary Order. Any admissible evidence provided with the Tenancy Tribunal application will be taken into consideration at the hearing.

If a 14-day Notice to Remedy (otherwise known as a breach letter) has been served to the tenants each time the rent has been in arrears, then you can take along copies of these letters to the hearing in support of your claim. Tenancy Services recommends taking the original copy of the tenancy agreement, and three copies of all other supporting documents.

For more on the rights and responsibilities of landlords and tenants, including information the Tenancy Tribunal process, go to www.tenancy.govt.nz or subscribe to our e-newsletter Landlord News.