Tenancy Terminated for Failure to Attend Hearing and Clear Property
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant's family did not show up to the hearing and did not clean up the property as requested. The landlord received back the rent owed and the bond.
⚖️ Legal holding
A tenant's failure to attend a hearing and clear the property results in the termination of the tenancy and an award for outstanding rent arrears.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to attend the hearing and clear the property.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a deceased tenant due to the tenant's representative failing to attend the hearing and clear the property. The landlord was awarded rent arrears and the bond was refunded.
📚 Full judgment Official document
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[2025] NZTT 5228213
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted] As [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of The Estate of the [NAME] at Unit/[ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] T/A Harcourts Rentals As [COMPANY], at 5pm on Wednesday 14th May 2025.
2. The Estate of the [NAME] must pay [COMPANY] T/A Harcourts Rentals As [COMPANY] $892.86 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $840.00 (5233359-028) to [COMPANY] T/A Harcourts Rentals As [COMPANY] immediately.
Description Landlord Tenant Rent arrears $1,732.86 Total award $1,732.86 Bond $840.00 Total payable by Tenant to Landlord $892.86
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Reasons:
1. The tenant’s representative failed to attend the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
3. The landlord was notified that the tenant passed away on the 1st March 2025. Family and friends were given the opportunity to take items and clear away the personal items and clean up the property. They have failed to do so.
4. It is therefore appropriate to terminate the tenancy and make an award for the outstanding rent arrears and make an order for the refund of the bond.
S Munro
14 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 applied for termination of the tenancy due to rent arrears.
- The tenant's representative did not attend the hearing.
- The tenant passed away, and family members did not clear the property.
- The landlord was entitled to the bond refund as the tenant did not fulfill their obligations.
- The outstanding rent arrears were calculated and awarded to the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated, and the landlord was awarded rent arrears and the bond was refunded.
What was the dispute about?
The dispute was about the landlord's request to terminate the tenancy due to the tenant's failure to attend the hearing and clear the property.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant's representative did not attend the hearing and did not clear the property as requested.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the tenant's failure to attend the hearing and clear the property.
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 should ensure they attend all hearings and clear the property as required by the landlord.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.