If a tenant stops paying rent, rent arrears (unpaid rent) start building immediately, and the landlord needs to follow a formal process to recover the money and, if necessary, end the tenancy. In Auckland, the biggest driver of loss is often delay, because arrears can grow while the matter moves through notice periods and Tenancy Tribunal scheduling.
In our work managing residential rentals across Auckland, we see arrears often start with a change in circumstances, not a tenant planning to default. The outcome usually depends on how quickly you act, how clean your paperwork is, and whether you keep emotion out of decision making.
Start early, keep it factual, and protect your position before the debt grows.
The first 48 hours, what matters most
The first two days are about two things, stopping arrears from growing, and creating a clean record in case you need to escalate.
Practical steps that help:
- Confirm the rent is actually overdue (check due dates, rent ledger, and bank receipts).
- Contact the tenant early, keep it calm, and keep it in writing (text and email help with evidence).
- Set one clear deadline for payment, or a specific written plan, and stick to it.
- Treat it like an investment. Stories and emotions can delay action and that usually increases the debt.
The biggest mistake we see, waiting until 21 days
A common mistake with private landlords, and some property managers, is waiting until the tenant is 21 days in arrears before taking formal steps.
Section 55 is the pathway that allows a landlord to apply for termination when the rent is at least 21 days in arrears at the date the application is filed. But waiting until day 21 often makes the arrears materially worse because you lose valuable time you cannot get back.
The better approach is to start the formal pathway early so, if the tenant does not remedy, you are already closer to mediation or a hearing date.
The correct legal pathways for rent arrears
There are two routes landlords should understand, and in many cases it is sensible to apply noting both sections.
Route 1, Section 56, 14 day notice to remedy then termination for breach
Section 56 deals with termination for non payment of rent and other breaches, and it includes the 14 day notice requirement for a remediable breach.
In practice, the 14 day notice to remedy is the normal first step for arrears.
If the breach is not remedied within the notice period, the landlord can apply to the Tenancy Tribunal for orders, including termination where appropriate.
Lodging early so the calendar does not beat you
The Tribunal will not determine a termination for a remediable breach until the notice period has properly run.
However, a key timing strategy is lodging the application during the notice period so the matter can be queued and scheduled for the earliest available mediation after day 14.
This is why we often lodge around day 5. If you wait until day 15 to lodge, you can lose another week or two just waiting to get the same mediation slot that could have been scheduled for day 15 or 16.
If the tenant remedies the breach within the 14 days, that is a good outcome. In that situation, the cost is often limited to the Tribunal application fee. If you are successful, the Tenancy Tribunal can order the other party to pay you the application fee, but you need to ask for this when making your application.
Route 2, Section 55, termination when arrears are 21 days or more
Section 55 is a separate pathway. It allows the landlord to apply for termination when rent is at least 21 days in arrears at the date the application is filed.
Using both grounds in one application
In practice, when we apply we note that the application is being made under section 55 and section 56. That matters because the arrears position often changes between filing and the scheduled event. Listing both sections allows the matter to be heard under the most appropriate ground at the time.
Do not reset the clock with multiple 14 day notices
This is one of the most common mistakes that increases arrears.
Each new 14 day notice effectively restarts the breach notice process. The tenant effectively gets another 14 days to remedy the situation, and you lose the time you have already waited.
A cleaner approach is:
- Issue one clear, correctly completed 14 day notice to remedy.
- Keep consistent follow up during the notice period.
- If it is not remedied by the deadline, rely on the original notice and progress the application rather than starting again.
Another practical point landlords often miss: a breach for arrears should be treated as remedied only when the arrears are genuinely cleared, not when the tenant makes a part payment that leaves them permanently behind. In many cases, the safest benchmark is that the tenant is at least one rent cycle ahead again so they are not immediately overdue again.
Crockers arrears policy
This is the approach we use to limit the growth of arrears and reduce delay.
| Timing | What we do | Why it matters |
| Day 1 & Day 2 | Call, email, and text the tenant, confirm the cause, and request immediate payment or a written plan | Early contact solves many issues before they snowball |
| Day 3 | Issue a 14 day notice to remedy if not brought up to date | Creates a clear legal pathway if the breach continues |
| Day 5 | Lodge the Tenancy Tribunal application (so it can be queued and scheduled after day 14) | The Tribunal will not determine termination before day 14, but lodging early reduces scheduling delays |
| Ongoing | Keep working with the tenant to remedy arrears | A Tribunal pathway does not stop resolution, paid arrears is still the best outcome |
Why delays increase losses in Auckland
Even when you do everything correctly, timeframes are a real factor. A tenant who is already behind often struggles to catch up while the dispute process runs.
This is where the bond limit matters. A general bond is capped at 4 weeks’ rent. In Auckland, four weeks of rent can be exceeded quickly once arrears start, especially if there are additional Tribunal-awarded costs later.
This is also why investors should track connected performance levers like vacancy rates, rental yield, property management fees, and long term maintenance planning. Rent debt tends to arrive alongside vacancy and unplanned spend, which compounds the effect.
What this means for landlords and property investors
When a tenant stops paying rent, the impact is rarely limited to a missed payment. It can affect:
- Cashflow and mortgage servicing
- Your annual return and rental yield
- Vacancy risk and re-letting costs if the tenancy ends
- Long term maintenance planning, because unexpected debt crowds out planned work
- Decision quality, because emotion delays action and delay increases debt
The most useful mindset shift is to treat the rental like an investment. You can be empathetic and still be consistent. You can keep working with the tenant while still running the formal process, because no one benefits from avoidable delay.
Read more: Common Tenancy Tribunal Disputes and How They Are Resolved
What we typically see in practice
Landlords get delayed by stories of future payments
Some stories are genuine and some are not. Either way, the landlord’s process should not depend on how convincing the story sounds, it should depend on whether rent is paid.
Waiting for 21 days usually makes the debt worse
Section 55 is a pathway, but delaying action until that point often means the debt grows more than it needed to, purely due to time.
Multiple notices cause avoidable delay
Issuing new 14 day notices restarts the remedy period. It gives the tenant more time and usually increases the arrears.
You can keep working with the tenant while protecting your position
No landlord or property manager wants to end a tenancy if the tenant can get back on track. The Tribunal pathway does not stop resolution, it protects the landlord if resolution does not happen.
More information from Tenancy Services: How to apply to the Tenancy Tribunal & Disputes process
Conclusion
If a tenant stops paying rent, the landlord’s outcome depends on fast, correct action and clean documentation. Do not wait for 21 days before starting the process. Use a disciplined arrears approach, issue a correct 14 day notice to remedy when needed, avoid restarting the clock with multiple notices, and lodge early so mediation can be scheduled as soon as the notice period has run.
If you want an arrears process that is consistent and investment focused, talk to a specialist Auckland property management team.
