Tenancy Terminated Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent on time and did not show up for the hearing.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the termination of their tenancy for rent arrears.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears after the tenant failed to attend the scheduled hearing.
📚 Full judgment Official document
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[2025] NZTT 5195154
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], today Thursday 8 May 2025 at 11.59 pm.
2. The tenant must pay the landlord $6,411.28 immediately being rent arrears to today’s date of $6,384.28 and reimbursement of the filing fee of $27.00.
Reasons:
1. The landlord attended the hearing by telephone.
2. The tenant was telephoned twice on the number he had supplied to the landlord in writing, specifically for the purpose of attending this hearing, but he did not answer.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy.
__________________________________________________________________________________ 5195154 2
6. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
G Baker
08 May 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 provided proof of rent arrears through rent records.
- The tenant did not answer the calls made to the number they provided for the hearing.
- The landlord applied for termination of the tenancy due to rent arrears.
- The landlord requested a refund of the filing fee, which was granted.
❌ Tends to be rejected
- The tenant failed to attend the hearing despite being contacted.
- The tenant did not provide any defense or explanation for the rent arrears.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to unpaid rent arrears.
What was the dispute about?
The landlord wanted to terminate the tenancy because the tenant owed back rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and had not paid the rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The tenant's failure to attend the hearing and pay the rent arrears was the critical factor.
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?
If a tenant fails to pay rent on time and does not attend a hearing, their tenancy may be terminated.
What evidence or documents mattered?
The landlord provided rent records showing the amount of rent arrears.