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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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tenancy

Can a landlord evict a tenant for being one day late on rent?

Key Takeaway

In New Zealand, a landlord cannot immediately evict a tenant for being one day late on rent. The law requires landlords to follow a specific process, starting with a 14-day notice to remedy the breach. Only the Tenancy Tribunal can order a tenancy termination, usually after a breach remains unresolved or in cases of repeated breaches.

In New Zealand, the Residential Tenancies Act 1986 (RTA) governs the rights and responsibilities of landlords and tenants. Being one day late on rent does not give a landlord the immediate right to evict a tenant. Instead, specific legal processes must be followed.

Obligation to Pay Rent

A tenant's primary obligation under a tenancy agreement is to pay rent on the due date [Source: Residential Tenancies Act 1986, s 39(1)]. Rent is typically paid in advance, and the amount and frequency of payment are agreed upon in the tenancy agreement.

Landlord's Actions for Unpaid Rent (Rent Arrears)

If a tenant fails to pay rent by the due date, this constitutes a breach (a failure to comply with a term of the tenancy agreement or the RTA) of the tenancy agreement. A landlord cannot immediately terminate the tenancy or evict the tenant. The law requires a specific procedure to be followed:

  1. 14-Day Notice to Remedy: The landlord must provide the tenant with a written notice to remedy the breach [Source: Residential Tenancies Act 1986, s 55(1)(a)]. This notice must state the breach (unpaid rent), the date the rent was due, the amount owing, and require the tenant to remedy the breach within not less than 14 days of receiving the notice. This is commonly referred to as a '14-day notice to remedy' (e.g., Form 1C).

    If the tenant pays the outstanding rent within the 14-day notice period, the breach is remedied, and the tenancy continues.

  2. Application to the Tenancy Tribunal: If the tenant does not pay the outstanding rent within the 14-day notice period, the landlord can then apply to the Tenancy Tribunal (an independent body that resolves disputes between landlords and tenants) for a possession order or a termination order [Source: Residential Tenancies Act 1986, s 55(1)(a)]. The Tribunal will then schedule a hearing to consider the application.

    A landlord is prohibited from attempting to evict a tenant themselves, for example, by changing locks or removing the tenant's belongings [Source: Residential Tenancies Act 1986, s 45]. Only the Tenancy Tribunal has the authority to order a tenant's eviction, and this order must be enforced by a Tenancy Compliance and Investigations Team officer or a District Court bailiff.

What the Tenancy Tribunal Considers

When a landlord applies to the Tenancy Tribunal for a termination order due to unpaid rent, the Tribunal will consider various factors, including:

  • Whether the 14-day notice was correctly issued and served.
  • The amount of rent owing and the period for which it is owing.
  • Whether there is a pattern of late payments.
  • Any reasons the tenant may provide for the late payment.
  • Whether the tenant has taken steps to remedy the breach.

The Tribunal may order the tenant to pay the outstanding rent, or in more severe cases (e.g., significant arrears or repeated breaches), it may issue a termination order for the tenancy and a possession order for the property [Source: Residential Tenancies Act 1986, s 77(2)].

Repeated Late Payments

Even if a tenant remedies a breach of unpaid rent within the 14-day notice period, a pattern of repeated late payments can be grounds for a landlord to seek a termination order from the Tenancy Tribunal. If a tenant has, on two or more occasions, breached the tenancy agreement in the same way, and the landlord has given notice to remedy on each occasion, the landlord may apply to the Tribunal for a termination order [Source: Residential Tenancies Act 1986, s 55(1)(c)]. In such cases, the Tribunal will consider the history of breaches when making its decision.

Unlawful Eviction

Any attempt by a landlord to force a tenant out of a property without an order from the Tenancy Tribunal is considered an unlawful act [Source: Residential Tenancies Act 1986, s 45]. This includes changing locks, disconnecting utilities, or seizing the tenant's possessions. Tenants subjected to such actions may apply to the Tenancy Tribunal for remedies, including compensation.

When to Seek Independent Legal Advice

It is advisable for individuals involved in tenancy disputes, whether landlords or tenants, to seek independent legal advice. Information about rights and obligations can be obtained from official government bodies such as Tenancy Services or by contacting a Community Law Centre for free legal advice.

Key Resources