Tenancy Terminated Due to Tenant's Medical Condition
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant could not live in the property due to a worsening medical condition. The Tribunal decided it was unfair to keep the tenancy active.
⚖️ Legal holding
A tenancy can be terminated if the tenant breaches their obligations and it would be inequitable to refuse termination.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party (the landlord or tenant) has broken a rule in the tenancy agreement or the Act itself. If the problem can be fixed, the party complaining must first give notice to the other party, telling them what the problem is and giving them at least 10 working days to fix it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's inability to occupy the premises.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to their inability to occupy the premises because of a deteriorating medical condition. The Tribunal found it inequitable to refuse termination.
📚 Full judgment Official document
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[2025] NZTT 5109808
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
2. The tenancy of the tenant at [Tenancy address suppressed] is terminated, and possession is granted to [COMPANY].
Reasons:
1. Only the landlord attended the hearing. The respondent was phoned but the call went to voicemail.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
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5. The tenant has breached the tenancy agreement by not occupying the property however more importantly, the tenant is not able to occupy the premises because her medical condition has deteriorated, and she is permanently living at a nursing home. She does not have capacity to personally notify the landlord that the tenancy is ended, and the evidence states that she has not arranged an EPoA.
6. It would be inequitable to refuse to terminate the tenancy.
Suppression
7. The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4).
8. I am satisfied that, having considered the interests of the parties and the public interest, there is good reason not to identify the respondent.
[NAME] 26 February 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 tenant breached the tenancy agreement by not occupying the property.
- The tenant's medical condition has deteriorated, making it impossible for her to live in the property.
- The tenant lacks the capacity to personally notify the landlord that the tenancy is ended.
- The tenant has not arranged an Enduring Power of Attorney (EPoA).
❌ Tends to be rejected
- The landlord did not serve a 14-day breach notice to the tenant.
- The landlord attended the hearing alone, without the tenant present.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy because the tenant could not occupy the premises due to a medical condition.
What was the dispute about?
The dispute was about whether the tenancy should continue when the tenant could not live in the property due to health issues.
How did the court decide, and why?
The court decided to terminate the tenancy because it would be inequitable to keep it open when the tenant could not occupy the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 56(1) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant's medical condition made it impossible for them to occupy the premises.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might face termination of their tenancy if they cannot occupy the premises due to a medical condition.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.