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AllowedTenancy Tribunal·

Tenancy Terminated Due to Tenant’s Absence at Hearing

Case No. [2026] NZTT 5480849

📌 In brief

In this case, the claimant, acting as landlord, won a judgment against the tenant who did not show up for their court date. As a result, the tenancy was terminated and the tenant must pay rent arrears of $11,250.00 minus the bond refund of $3,000.00.

⚖️ Legal holding

A tenant's failure to attend a hearing can result in an order terminating their tenancy and awarding rent arrears to the landlord.

Topics

Tenancy terminationRent arrears

📖 Technical summary

The claimant successfully terminated the tenancy and obtained a money judgment for arrears.

📜 Headnote Official document

The claimant, as landlord, successfully terminated a tenancy and obtained an order for rent arrears after the tenant failed to attend the hearing. The Tenancy Tribunal granted possession of the property and ordered payment of $8,848.68.

📚 Full judgment Official document

OUTCOME: Allowed

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[2026] NZTT 5480849

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COUNSEL], at 11:59 pm on Wednesday 17 June 2026.

2. The [COMPANY] is to pay the bond of $3,000.00 (BN-10085327) to [RESPONDENT] As Agent For [COUNSEL] immediately.

3. [RESPONDENT] must pay [COMPANY] As Agent For [COUNSEL] $8,848.68 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears $11,250.00 Water rates $570.68 Filing fee reimbursement $28.00 Total award $11,848.68 Bond refund - $3,000.00 Total payable by Tenant to Landlord $8,848.68

Reasons:

1. The landlord attended the hearing via videoconference. The tenant did not.

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2. The tenant was called on his phone number ending 2506 twice but it went to voicemail both times.

3. The landlord has applied for termination of the tenancy, rent and water arrears and refund of the bond.

4. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated, and possession is granted to the landlord at 11:59 pm on Wednesday 17 June 2026.

5. The landlord provided rent records which prove the amount owing at the end of the tenancy. I order the tenant to pay the landlord $11,250.00 for rent arrears to 17 June 2026.

6. Further to that, I order the tenant to pay the landlord $570.68 for water rates arrears.

7. Finally, because the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.

8. The bond of $3,000.00 held at the [COMPANY] will be paid to the landlord to offset the amount payable by the tenant to the landlord.

[NAME]

04 June 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:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • A tenant's failure to pay rent for at least 21 days entitles the landlord to terminate the tenancy under the Residential Tenancies Act 1986.

❌ Tends to be rejected

  • A tenant must attend a scheduled hearing to prove their claim.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The claimant successfully terminated the tenancy and obtained a money judgment for rent arrears.

Who was involved?

A landlord and a tenant were involved in the dispute.

How did the court decide, and why?

The court decided that because the tenant failed to attend the hearing, the claimant's application for termination of tenancy and rent arrears was granted.

Which laws or rules were applied?

No specific laws or rules were cited in this judgment.

What was the argument that mattered most?

The tenant’s failure to attend the hearing was the key reason for the decision.

Was the decision for or against the person who brought the case?

The decision was for the claimant, who is the landlord.

What does this mean for someone in a similar situation?

If you are a tenant and do not attend your hearing, the landlord may win their case by default.

What evidence or documents mattered?

The landlord provided rent records to prove the amount owing at the end of the tenancy.

Can a decision like this be appealed?

Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.

Is it worth getting a lawyer for a case like this?

It is advisable to seek legal advice from a qualified lawyer for such cases.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.