Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

55: Termination on non-payment of rent, damage, or assault

You could also call this:

"What happens if you don't pay rent or cause trouble in your rental home"

Illustration for Residential Tenancies Act 1986

If you do not pay rent, you can get in trouble. The Tribunal can end your tenancy if you owe rent for 21 days or more when your landlord applies. You can also get in trouble if you damage the premises or assault someone. The Tribunal can make a special order if you promise to pay the rent you owe. This order will say how you must pay the rent and what will happen if you do not. If you do what the order says, it will stop being in effect. But if you do not do what the order says, it will automatically become a final order to end your tenancy. The landlord does not have to tell you they are going to apply to end your tenancy. In this law, premises includes facilities like shared laundry or parking.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95518.

This page was last updated on — View changes

Previous

54: Tribunal may declare notice retaliatory, or

"Landlord's notice can be cancelled if given as revenge"

Next

55AA: Termination by notice for physical assault by tenant, or

""

Part 2Tenancy agreements
Termination of tenancies and recovery of possession

55Termination on non-payment of rent, damage, or assault

  1. Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that—

  2. the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear; or
    1. the tenancy is a periodic tenancy and—
      1. on 3 separate occasions within a 90-day period an amount of rent has been owing for at least 5 working days after the date on which it was due under the tenancy agreement; and
        1. on each occasion the landlord gave the tenant written notice advising the tenant of the overdue rent, the dates for which rent was overdue, the amount of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice (see sections 77(1) and 78(1)(a) regarding the Tribunal); and
          1. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
            1. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice; or
            2. the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or
              1. the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:
                1. the landlord or any member of the landlord’s family:
                  1. the owner of the premises or any member of the owner’s family:
                    1. any agent of the landlord:
                      1. any occupier of any building of which the premises constitute a part:
                        1. any neighbour of the premises or of any building of which the premises constitute a part.

                        2. Notwithstanding section 78(3), the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a), make a conditional order if, but only if, it is satisfied that—

                        3. the tenant will pay any rent in arrear within a period specified by the Tribunal; and
                          1. it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies.

                            1. Any conditional order referred to in subsection (1A)—

                            2. shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and
                              1. shall automatically take effect as a final termination order if the conditions are not complied with; and
                                1. shall lapse if the conditions are complied with.

                                  1. The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).

                                  2. It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the tenancy.

                                  3. In this section premises includes facilities.

                                  Notes
                                  • Section 55(1)(aa): inserted, on , by section 36(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                  • Section 55(1)(aa)(i): replaced, on , by section 29(1) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
                                  • Section 55(1)(aa)(ii): amended, on , by section 29(2) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
                                  • Section 55(1)(aa)(ii): amended, on , by section 29(3) of the Residential Tenancies Amendment Act 2024 (2024 No 52).
                                  • Section 55(1)(c): replaced, on , by section 37 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                                  • Section 55(1A): inserted, on , by section 22(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                                  • Section 55(1A): amended, on , by section 36(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                  • Section 55(1A)(b): amended, on , by section 36(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                                  • Section 55(1B): inserted, on , by section 22(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                                  • Section 55(2): amended, on , by section 11 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
                                  • Section 55(4): inserted, on , by section 22(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).