By Dave McCarry | 11 August 2026

Tenant Not Paying Rent in Wellington: What to Do Step by Step

When rent stops coming in, most Wellington landlords describe the same feeling: a mix of frustration, disbelief, and uncertainty about what they're actually allowed to do. The good news is that the Residential Tenancies Act is clear on the process. The key is following it correctly from the start, because mistakes in the paperwork can delay or undermine your application.

Here's exactly what to do.

Start with Contact, Not Paperwork

The first step is to contact your tenant directly. Not to threaten, not to demand, but to understand what has happened. People miss rent payments for a range of reasons: a forgotten bank transfer, a timing issue with wages, a genuine financial difficulty. A quick call or message often resolves it faster than any formal process.

If the tenant is having difficulty paying, you can agree to a payment plan that allows them to top up their regular rent until the debt is cleared. If you reach an agreement, get it in writing. A text message or email confirming the arrangement is sufficient.

This matters for two reasons. It can resolve the issue without escalation. And it demonstrates good faith if the dispute ever goes to mediation or a Tribunal hearing.

Pathway One: Three Notices in 90 Days (s 55(1)(aa))

If rent remains unpaid, your first formal option is to issue a written notice of overdue rent. You can do this once rent is 5 working days past its due date. Weekends and public holidays do not count toward those 5 days.

A key point landlords often get wrong: each notice under this pathway must contain specific information to be valid. Under s 55(1)(aa) of the RTA, every notice must include all of the following:

• The dates on which rent was overdue
• The amount of rent that was overdue
• The tenant's right to apply to the Tribunal to challenge the notice
• How many notices have been given in the current period: whether this is Notice 1, Notice 2, or Notice 3

A notice that simply says "your rent is overdue" is not enough. Tenancy Services provides statutory notice templates specifically for this pathway. Using them is the safest approach.

Keep a copy of every notice you send, along with a record of how and when it was delivered.

The three-notice sequence

If the overdue rent pattern continues, the sequence works like this for periodic tenancies:

1. Rent is 5 working days late. You issue Notice 1 (with all required content).
2. Rent is 5 working days late again within the same 90-day window. You issue Notice 2.
3. Rent is 5 working days late a third time within the 90-day window. You issue Notice 3.

After issuing Notice 3, you have 28 days to file your application to the Tribunal. If you miss this window, you cannot use this sequence to support a termination application and may need to start the count again.

The tenant paying some or all of the arrears between notices does not cancel the notices or remove your right to apply. The law counts each separate occasion of overdue rent, not whether the total debt has been cleared. This is one of the most commonly misunderstood aspects of the process: many landlords hold off issuing a second or third notice because the tenant has caught up, and then lose their position in the 90-day window.

If you are self-managing, tracking these dates and notices precisely is essential. A notice without the required statutory content, a gap in your records, or a missed filing deadline can all undermine your application.

Pathway Two: 21 Days in Arrears (s 55(1)(a))

The three-notices sequence is not the only route to the Tribunal. If rent has accumulated to 21 or more days in arrears by the date you file your application, you can apply for termination directly, without having issued any prior overdue rent notices.

The Act expressly states that no notice of intention to apply is required for this pathway. This makes it the faster option where arrears have built up significantly, for example where a tenant has stopped paying entirely and the debt is already substantial.

Both pathways are available, and which one is more appropriate depends on the specific situation. In some cases, particularly where arrears are growing quickly, applying under s 55(1)(a) without waiting for three separate overdue occasions is the more practical approach.

What to Expect at the Tenancy Tribunal

You can apply to the Tribunal online at tenancy.govt.nz. Check the current application fee at the time you file, as fees are subject to change.

When you apply, have ready:

• Records of the dates and amounts of each overdue rent instance
• Copies of all notices issued (under the three-notices pathway)
• Details of any contact with the tenant and any payment arrangements discussed

In most cases, a mediation appointment is offered before a full hearing. Mediation is faster and less formal; if both parties reach an agreement, it becomes legally binding.

Important: meeting the statutory criteria does not guarantee immediate termination. Even where grounds are clearly established, the Tribunal may make a conditional order under s 55(1A) rather than terminating immediately. A conditional order allows the tenancy to continue subject to conditions, typically that rent is paid on time and arrears are cleared to a schedule. The Tribunal may also, in limited circumstances, decline to make an order if the breach has been remedied, the landlord has been compensated, and re-offending is unlikely. Plan your timeline with this variability in mind.

What About the Bond?

If the tenancy ends due to rent arrears, you can apply to use the bond to cover unpaid rent. In New Zealand, the bond can be up to four weeks' rent and is held by Tenancy Services (MBIE).

Bond refunds and disputes are now processed through Bond Hub NZ, which moved to a fully online system in June 2026. If you haven't registered, see what's changed with Bond Hub before you need to make a claim. The bond covers unpaid rent but does not automatically cover property damage, which requires a separate Tribunal application or agreement.

A Note on Fixed-Term Tenancies

The three-notices pathway in s 55(1)(aa) applies specifically to periodic tenancies. For fixed-term agreements, your options to end the tenancy mid-term due to arrears are different and more limited.

You can still issue overdue rent notices during a fixed term and these form part of your documentation. But the ability to apply for termination using the three-occasions sequence is specific to periodic tenancies. The s 55(1)(a) pathway, applying once rent is 21+ days in arrears, may be available regardless of tenancy type, but you should confirm the position for your specific situation before filing.

If you want to understand the difference between periodic and fixed-term tenancies and what each means for your options, see how tenancy notice rules work in Wellington.

Act Early, Document Everything

The most important thing to take from this: early action protects you. Every day you delay issuing a notice is a day that doesn't count toward your 90-day window. Every overdue payment you let pass without documentation is a gap in your case if it ever goes to the Tribunal.

Follow the process. Use the correct statutory notice templates. File within the 28-day window after Notice 3. Keep records. And if your situation is more complicated than the steps above, don't try to navigate it alone.

For many Wellington landlords, a single rent arrears situation is what prompts a genuine reassessment of whether self-managing is still the right call. A property manager handles every step of this process on your behalf: tracking payment dates, issuing notices with the correct statutory content, following up with tenants, attending mediation, and filing Tribunal applications when necessary.

Rent arrears are one of the situations Wellington landlords most want to avoid. But they happen, and when they do, knowing the correct process and following it precisely is what separates a recoverable situation from one that drags on for months.

If you'd rather have someone who handles this every day manage it for you, including tenant selection, inspections, maintenance, compliance, and rent collection, we'd be happy to talk. Get in touch with Dave at Propertyscouts Capital City.

About Dave McCarry
Dave McCarry is the owner of Propertyscouts Capital City in Wellington and has worked in property, business, and customer service for many years. Since becoming a property investor in 2009, he has built a strong reputation for practical advice, strong tenant selection, and hands-on property management focused on protecting landlords' investments and maximising returns.