Tenancy Terminated After Sole Tenant's Death
📌 In brief
The Tenancy Tribunal ended a rental agreement after the sole tenant passed away. The termination was based on Section 50A of the Residential Tenancies Act 1986, which states that a tenancy ends 21 days after the landlord receives notice of the tenant's death.
⚖️ Legal holding
On the death of a sole tenant, the tenancy agreement terminates on the earliest of several possible dates under Section 50A of the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy of a deceased sole tenant was terminated under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a deceased sole tenant under Section 50A of the Residential Tenancies Act 1986, effective 24 March 2026, due to the tenant's passing on 26 February 2026.
📚 Full judgment Official document
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[2026] NZTT 5500215
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of The Estate of [NAME_3] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1] immediately.
2. The Estate of [NAME_3] must pay [COMPANY_1] $130.00 from the bond, being rent arrears capped at the bond.
3. The Bond Centre is to pay the bond of $130.00 (BN-00087256) to [COMPANY_1] immediately.
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Reasons:
1. The landlord attended the hearing. The tenant has passed away and is no active estate management.
2. Mr [NAME_2] passed away on 26 February 2026. The landlord was notified of this on 2 March 2026 by the Ministry of Social Development.
3. Section 50A Residential Tenancies Act 1986 provides that on the death of a sole tenant under a tenancy agreement the tenancy agreement terminates on the earliest of a number of possible dates. In this instance, the earliest date is the date that is the 21st day after the date on which the landlord received written notice of the death of the tenant.
4. This means the tenancy ended on 24 March 2026. Rent arrears to this date is $132.57. The return of the bond leaves $2.57 owing. The landlord requested the order be capped at the bond amount only.
5. There is another individual living there without any licence to occupy. He should be clear this order means anyone in the premises must leave immediately.
M Brennan
27 May 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy agreement after the sole tenant passed away.
What was the dispute about?
The landlord sought to terminate the tenancy agreement following the tenant's death.
How did the court decide, and why?
The court decided to terminate the tenancy agreement based on Section 50A of the Residential Tenancies Act 1986, which specifies that a tenancy ends 21 days after the landlord receives notice of the tenant's death.
Which laws or rules were applied?
Section 50A of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenancy should be terminated according to the law upon the death of the sole tenant.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, the tenancy agreement would likely be terminated according to the law upon the death of the sole tenant.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used, but it is implied that written notice of the tenant's death was provided to the landlord.