Tenancy Terminated for Rent Arrears and Lack of Communication
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay rent and didn't communicate with the landlord. The landlord got the house back and the tenant had to pay the owed rent plus a filing fee.
⚖️ Legal holding
A tenant must fulfill their obligations under the tenancy agreement, including timely rent payments and communication with the landlord.
📖 Technical summary
The tenancy was terminated due to non-payment of rent and lack of communication.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to pay rent and communicate with the landlord, granting possession to the landlord and ordering the tenant to pay outstanding rent and a filing fee.
📚 Full judgment Official document
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[2025] NZTT 5264943
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at 5pm on Wednesday 4th June 2025.
2. [NAME] and [NAME] must pay [NAME] $1,845.57 immediately, being rent arrears to today’s date together with the filing fee.
Description Landlord Tenant Rent arrears up to todays date $1,818.57 Filing fee reimbursement $27.00 Total award $1,845.57 Total payable by Tenant to Landlord $1,845.57
Reasons:
1. The background to this is that the parties entered into a signed tenancy agreement on 16th April 2025 for a fixed term tenancy that was to start on 15th May 2025.
2. The tenants failed to move in and failed to pay the bond and the rent. They have not communicated with the landlord.
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3. His evidence is that he attempted to communicate with them but given he had no response he had no option but to come to the Tribunal to terminate. He stated that it should not have come to this if only they had contacted him. He was advised that the tenants in fact had decided to stay in their current rental. He was at a loss as to the lack of communication.
4. The landlord therefore seeks to terminate the tenancy agreement and seeks the rent payments up to today’s date.
5. The tenants failed to make themselves available for todays hearing. [NAME] emailed the Registry to update her phone number four minutes before the commencement of the hearing this number would not connect. The Registry followed her up with an email and she confirmed a different number, a number had been left out of her original email.
6. I attempted a number of times to connect to that number without success.
7. The number provided for [NAME] went to answer phone and again two attempts were made to contact him.
8. Having considered the evidence and in the interests of Justice I am satisfied that the tenancy must be terminated and award the amount of the rent as sought accordingly.
9. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
04 June 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 tenants failed to pay the bond and rent as agreed.
- The landlord attempted to communicate with the tenants but received no response.
- The tenants did not show up for the hearing and failed to provide contact numbers correctly.
❌ Tends to be rejected
- The tenants' decision to stay in their current rental was not considered relevant to the case.
- The tenants did not provide any reason for failing to communicate with the landlord.
- The tenants did not make themselves available for the hearing despite multiple attempts to contact them.
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 and ordered the tenant to pay rent arrears and a filing fee.
What was the dispute about?
The dispute was about unpaid rent and the failure to communicate with the landlord.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent and communicate with the landlord, which violated the tenancy agreement.
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 pay rent and communicate with the landlord.
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 pay rent on time and maintain communication with the landlord to avoid termination of their tenancy.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that were presented.