Tenancy Terminated Due to Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid rent for over 21 days and didn't show up for the scheduled hearing. The landlord proved the amount of rent owed, and since the tenant didn't contest the claim, the Tribunal ruled in favour of the landlord.
⚖️ Legal holding
A tenant whose rent is at least 21 days in arrears and fails to attend a hearing can have their tenancy terminated.
📖 What the law says
This rule states 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 covers situations where a tenant has caused or threatened significant damage to the property, or has assaulted or threatened 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 and the tenant's failure to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and the tenant's failure to attend the scheduled hearing. The Tribunal noted that the landlord had provided proof of the rent arrears and that the tenant did not respond to the hearing notice.
📚 Full judgment Official document
__________________________________________________________________________________ 5233372 1
[2025] NZTT 5233372
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME]-Douglas Maxwell at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59 am on Tuesday 13 May 2025.
2. [NAME]-Douglas Maxwell must pay [COMPANY] $3,223.37 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $3,223.37 Total award $3,223.37 Total payable by Tenant to Landlord $3,223.37
Reasons:
1. The landlord attended the video hearing.
2. The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party
__________________________________________________________________________________ 5233372 2
where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.
Should the tenancy be terminated?
4. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $3,223.37.
S Young
07 May 2025
__________________________________________________________________________________ 5233372 3
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/
__________________________________________________________________________________ 5233372 4
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's request to end the tenancy was granted because the tenant's rent was overdue for more than 21 days.
- The landlord successfully proved the amount of rent the tenant owed.
- The Tribunal proceeded with the hearing because it was satisfied that the tenant had been properly notified.
- The landlord attended the video hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to unpaid rent and the tenant's failure to attend the hearing.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated because of unpaid rent and the tenant's failure to attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears and the tenant did not attend the hearing to contest the claim.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55 and 56(2) were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to attend the hearing and the rent was at least 21 days in arrears.
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?
Someone in a similar situation might face the termination of their tenancy if they fail to pay rent and attend scheduled hearings.
What evidence or documents mattered?
The evidence that mattered included the landlord's proof of rent arrears and the fact that the tenant did not attend the hearing.