Landlord's Application for Rent Arrears Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a landlord's application for termination and rent arrears because the landlord failed to provide an updated rent summary as requested during the hearing.
⚖️ Legal holding
A landlord's application for termination and rent arrears cannot proceed without providing an updated rent summary.
📖 Technical summary
The application for termination and rent arrears was dismissed due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed a landlord's application for termination and rent arrears due to the landlord's failure to provide an updated rent summary as requested by the Tribunal.
📚 Full judgment Official document
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[2025] NZTT 5220871
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The landlord attended the hearing by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call was terminated by the person answering.
2. At the beginning of the hearing the landlord advised that agreement had been reached between the parties and the tenant would pay the rent arrears in two weeks’ time. The Tribunal suggested that a conditional termination order could be made instead of a termination order which would ensure that payment would be made and if not, the tenancy could terminate.
3. The landlord agreed to a conditional termination order and that he would provide an updated rent summary because the summary provided was from April 2025 when the application was filed. The landlord advised that he would try to provide the updated rent summary by 4pm on 4 June 2025.
4. As at 3pm on 5 June 2025 the landlord has not provided an updated rent summary. It is not possible for the Tribunal to make a conditional termination order without an updated rent summary.
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5. As the landlord has not provided sufficient evidence the application for termination and rent arrears is dismissed.
[NAME]
05 June 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord and tenant had agreed that the tenant would pay rent arrears within two weeks.
- The Tribunal suggested a conditional termination order to ensure payment and allow tenancy termination if payment was not made.
❌ Tends to be rejected
- The application for termination and rent arrears was dismissed due to insufficient evidence from the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for termination and rent arrears.
What was the dispute about?
The dispute was about a landlord seeking termination of a tenancy and collection of rent arrears.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not provide an updated rent summary as requested.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The most important argument was the need for an updated rent summary to make a conditional termination order.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have all necessary documentation, such as an updated rent summary, before applying to the Tenancy Tribunal.
What evidence or documents mattered?
The updated rent summary was required but not provided by the landlord.