Rent Arrears Eviction Notice in Queenstown Explained

Rent arrears are one of the biggest flashpoints in New Zealand tenancies, and Queenstown is no exception. With high housing demand, seasonal work, and costly rentals, short delays need prompt correspondence. 

When tenants fall behind on duties like rent, landlords may issue a rent arrears eviction notice, but the law sets out strict rules on when and how this can happen. In this article, we walk through how such eviction notices work, when a landlord can apply to the Tenancy Tribunal, and what both parties must do to protect their rights.

Key Takeaways:

• A landlord can issue a 14-day notice to remedy once rent is in arrears. These are 14 calendar days and require service time.

• If rent is 21 days or more overdue, landlords may apply directly to the Tenancy Tribunal.

• Repeated lateness (3 times in 90 days) can also justify a Tribunal application.

• Self-eviction by landlords is illegal. Only the Tribunal and bailiff can enforce eviction.

• Retaliatory notices are unlawful; the Tribunal can award exemplary damages up to $6,500.

Understanding rent arrears

Rent arrears occur when a tenant fails to pay rent on the date it is due according to the tenancy agreement. In New Zealand, rent is usually paid weekly or fortnightly, and missing a payment, even by a few days, can quickly result in arrears.

In Queenstown, seasonal work and unpredictable tourism trends often affect tenant incomes, so rent arrears are an inevitable source of disputes, making it crucial for both landlords and tenants to understand their legal rights and obligations.

What NZ law says: rent arrears and notice rules

New Zealand tenancy law sets strict timelines and procedures for rent arrears notices.

• 5 Working Days Rule: If rent is at least 5 working days late on three occasions within 90 days, and compliant overdue-rent notices were issued each time, the landlord can apply to the Tribunal within 28 days of the third notice. See Tenancy Services for more information.

• 14-Day Notice Remedy: Under the Residential Tenancies Act 1986, landlords can issue a 14-day notice to remedy once rent is in arrears.

  • Failure to Remedy: If the tenant fails to pay within those 14 days, the landlord may apply to the Tenancy Tribunal seeking termination of the tenancy.

• 21 Days Overdue: A landlord can also skip the 14-day notice step if rent arrears reach 21 days or more. The RTA allows termination where rent is 21 days or more in arrears, without needing a prior 14-day notice. See RTA s55(1)(a) and Tenancy Services.

• Three Notices in 90 Days: If the tenant has been at least 5 working days late on rent on three separate occasions within 90 days, the landlord may issue written notices, apply to the Tribunal within 28 days of the third notice, and seek termination.

• Rightful Evictions: An eviction must be processed via the Tribunal, not by self-eviction. Landlords who forcibly remove tenants are bound to face legal consequences.

  • A retaliatory notice, also known as an eviction in response to the tenant asserting their rights, is unlawful, and the Tribunal can set such a notice aside or award exemplary damages up to NZD $6,500.

    
    

These rules apply anywhere in NZ, though local courts, tribunal venues, and scheduling can affect timing. Understanding how rent increase rules in Queenstown connect with arrears helps both landlords and tenants stay aligned with tenancy law.

Consequences of rent arrears

Falling into rent arrears has serious consequences for both parties in Queenstown, including:

Tenancy records

If rent is 5 working days overdue, the landlord can issue an overdue rent notice for the three-strikes pathway, and/or a 14-day notice to remedy. Keep copies, as these documents are evidence in any Tribunal application.

Tribunal action

At 21 days overdue, the landlord may apply directly to the Tenancy Tribunal for termination under Section 55(1)(a) of the RTA.

Eviction orders

If the Tribunal grants termination, the tenancy ends, and the court bailiff can enforce eviction. For both parties, this means a rigorous process of making legal appointments and settling disputes for a long time. After which, landlords will have to restart tenant screening and applications.

What Queenstown landlords and tenants can do

Both landlords and tenants in Queenstown have practical steps to manage a rent arrears eviction notice responsibly.

For landlords

• Act quickly. Don’t let arrears build up. Issue a written reminder as soon as rent is late.

• Follow correct notice procedures. Serve a 14-day notice to remedy or apply directly to Tribunal if arrears hit 21 days. 

• Document everything. Keep payment records, notices, and communication to present at the Tribunal if needed. For ongoing arrears or repeated breaches, landlords may benefit from the structured support offered in our landlord rescue package

• Consider repayment agreements. Short-term repayment plans may resolve arrears without Tribunal action.

• Avoid self-eviction. Always enforce through the Tribunal to stay within the law.

  
  

For tenants

• Communicate early. Let the landlord know immediately if payment will be late. If circumstances such as hardship affect previously agreed-upon payment agreements, try to make proposed negotiations with your landlords.

• Catch up quickly. Pay arrears as soon as possible to avoid Tribunal action.

• Seek support. Tenants in Queenstown can approach local budgeting services for help.

• Know your rights. Tenants can challenge invalid notices at the Tenancy Tribunal.

Tenants can also explore our tenant information resources to find guidance on managing notices, repayment plans, and Tribunal processes.

Taking action wisely

Serving a rent arrears eviction notice in Queenstown is possible, but only within the strict legal frameworks set by the RTA and Tribunal. Landlords must follow the notice rules, apply to the Tribunal rather than self-evict, and document carefully. 

Tenants facing arrears should respond, propose repayment, or challenge notices. When done right, both sides are protected, and unnecessary processes are avoided. Need guidance on a rent arrears eviction notice in Queenstown? Contact Staircase Queenstown today.

Frequently asked questions

Can a landlord evict a tenant for rent arrears immediately?

No. They must first issue proper notices, then apply to the Tenancy Tribunal. Self-eviction is illegal. 

What if the tenant pays most of the arrears during the 14-day period?

To remedy, the tenant must pay the arrears and keep current rent up to date within the 14 days. Partial payment may not cure the breach. 

Can a tenant challenge the eviction notice?

Yes. The tenant can apply to the Tribunal to challenge a notice if they believe the rent was not overdue by 5 working days, or the notice was deficient. 

What happens if the tenant refuses to leave after an eviction order?

The landlord must enforce via a court/bailiff. Forcible self-eviction is unlawful and may incur penalties.

Can landlords evict for rent arrears under 5 working days overdue?

No. Landlords must wait until rent is overdue by at least 5 working days before issuing notices under the RTA.