What happens if my rent is late in New Zealand?

Missing rent is a breach of your tenancy agreement and the Residential Tenancies Act 1986. A landlord cannot change the locks or throw you out. Only the Tenancy Tribunal can end a tenancy over unpaid rent. But the Tribunal can act quickly, and two rules matter most: the 21-day rule and the three-notices-in-90-days rule.

The best protection is simple. Talk to your landlord the moment you miss a payment, pay what you can, and get help early. Most of this guide is about what the law lets a landlord do, so you can see how much time you really have.

The basics

• Late rent is a breach. Your agreement sets how and when rent is paid. If rent is not paid on time, the landlord can start the process described below.
• You cannot hold back rent over repairs. Even if the landlord is slow to fix something, you must keep paying while you wait. Use the dispute process instead.
• Everyone on the agreement shares the debt. If one of several tenants misses a payment or pays short, all the tenants named on the agreement are responsible.
• Under 21 days owed: a 14-day notice to remedy. If you owe less than 21 days of rent, the landlord can send a 14-day notice to remedy. The 14 days are calendar days, and the landlord must allow time for the notice to be delivered.
• 21 days or more owed: straight to the Tribunal. Once you owe 21 days of rent or more, the landlord can apply to the Tribunal to end the tenancy. No 14-day notice is needed.
• Three strikes in 90 days (periodic tenancies). A landlord can apply to end a periodic tenancy if rent was unpaid for at least 5 working days on three separate occasions within a 90-day period, and a written notice was given each time. This has been law since 11 February 2021 (section 55(1)(aa)).
• Only the Tribunal can end the tenancy. A notice alone does not do it.
• Accommodation Supplement does not need a benefit. Work and Income says you may be eligible even if you are not on a benefit.

How it is worked out

Example: Aroha rents a flat on a periodic tenancy, with $400 a week due every Friday.

• Strike one: Aroha misses Friday 6 March. By Friday 13 March (5 working days later) it is still unpaid. The landlord gives her a written notice of overdue rent. It must state the amount, the dates it was overdue, her right to challenge it at the Tribunal, and how many other notices have been given in the 90 days. Aroha catches up the next week.
• Strike two: In mid-April rent is again unpaid for 5 working days. A second notice is given. Aroha pays the arrears again.
• Strike three: In late May it happens a third time. That is three occasions inside 90 days. Paying each time does not wipe the earlier notices from the count.
• The landlord's deadline: The landlord must apply to the Tribunal within 28 days after the third notice was given.
• Contrast, the 21-day route: If Aroha instead stopped paying altogether, she would owe $1,200 after three weeks (3 x $400). That is 21 days of rent, so the landlord could apply straight away without any 14-day notice.

The catch

• Tenants can challenge notices. On the three-strikes route, the landlord has to prove the rent was at least 5 working days overdue and that every notice met the rules. A tenant can apply to the Tribunal to challenge a notice that was wrong.
• The 21 days is counted when the application is filed. Tribunal orders say that where rent is at least 21 days in arrears on the day the application is filed, the Tribunal must end the tenancy under section 55(1)(a). Paying some of it later does not undo that.
• A conditional order is possible. The Tribunal can instead make a conditional termination order. In the orders we checked, this was where it was satisfied the tenant would repay within a set time and was unlikely to breach again. If you then miss the deadline, the tenancy can end.
• Part payments help but do not stop the clock. Paying part of what is owed is better than nothing, but the Tenancy Services examples show it does not stop a landlord issuing notices.
• Payment plans must be written down. Tenancy Services suggests a landlord may let you add an extra amount to your regular rent until the debt is cleared. Get the amount and end date in writing so both sides agree.
• Waiting times vary. Rent arrears cases can wait weeks for a hearing. Check the current position at tenancy.govt.nz, and keep paying your current rent in the meantime.
• You may owe more than the arrears. A landlord can also ask the Tribunal to apply your bond towards the arrears.

What happens at the Tribunal

1. The landlord applies online. The application fee is $28.
2. Mediation or FastTrack. Many cases go to mediation first. If you and the landlord have already agreed a repayment plan, the landlord can use FastTrack Resolution. A mediator phones you privately within two business days of filing to check you understand and agree. FastTrack is for cases such as rent owing with only a money order sought, or 21 days or more in arrears where termination is also sought. It is not available for some cases, such as monthly rent or three or more tenants.
3. A hearing, if it is not settled. Both sides can put their case. The Tribunal can make a binding order, which can include repayment of arrears and ending the tenancy.
4. If you disagree, the Tenancy Services site explains how to challenge a decision. Check the time limits there straight away.

Do this next

1. Contact your landlord as soon as you miss rent or expect to. Do not ignore calls or messages.
2. Pay whatever you can now, and keep a record of every payment.
3. Offer a realistic plan in writing, such as a fixed extra amount each week until the debt is cleared. Ask the landlord to confirm it in writing.
4. Apply to Work and Income about the Accommodation Supplement. If you finish your application within 20 working days of first contacting them, help can be backdated to that first contact date.
5. Check any notice you receive. Does it state the amount, the dates overdue, your right to challenge it and the number of earlier notices? If not, ask for advice before assuming it is valid.
6. If a Tribunal application arrives, do not skip it. Read the hearing details, gather your payment records and attend.
7. Use Tenancy Services' free dispute options, including mediation, before the matter goes further.

Common questions

Can my landlord evict me for being one day late?

No. The three-strikes rule needs rent unpaid for at least 5 working days each time, and only the Tribunal can end a tenancy.

Does the 21-day rule apply to fixed-term tenancies?

Yes. Section 55(1)(a) applies when rent is 21 days or more in arrears. The three-strikes rule applies to periodic tenancies only.

What if I pay after a 14-day notice?

Paying the arrears within the notice period can stop that application. But it can still count as a notice for the three-in-90-days rule if later arrears occur.

Can I be locked out for not paying?

No. The landlord must go through the Tribunal. Contact Tenancy Services if you are locked out.

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Last reviewed 26 October 2026. Written by Streetwise from the official pages listed above. General information only, not legal or financial advice.