Tenancy Terminated for Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent and did not show up for the hearing. The landlord proved the tenant owed rent and tried to contact them but could not reach them.
⚖️ Legal holding
A tenant who fails to pay rent and attend hearings can have their tenancy terminated.
📖 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 the tenant due to rent arrears and the tenant's failure to attend the hearing. The landlord provided proof of arrears and the tenant was contacted but did not respond.
📚 Full judgment Official document
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[2026] NZTT 5512772
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As The Agent For [COMPANY], at 11.59 pm on Thursday 18 June 2026.
2. [NAME] must pay [COMPANY] As The Agent For [COMPANY] $7,863.76 immediately, calculated as shown in the table below:
Description Landlord Tenant
Rent arrears to 18/06/2026 $9,900.00 Water rates $135.76 Filing fee reimbursement $28.00 Total award $10,063.76 Bond $2,200.00 Total payable by Tenant to Landlord $7,863.76
3. The Bond Centre is to pay the bond of $2,200.00 (BN-17589281) to [COMPANY] As The Agent For [COMPANY] immediately.
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Reasons:
1. The landlord attended the hearing which was held by video conference and teleconference. The tenant did not attend. The tenant was contacted on the contact number provided in the application, and on two other contact numbers provided by the landlord at the hearing, but without success. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the tenant’s absence.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
3. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The landlord provided rent records and water rates invoices which prove the amounts owing, as ordered above.
5. As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
[NAME]
18 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's application for termination was accepted because the rent was significantly overdue.
- The landlord successfully proved the amounts owed for rent and water rates.
- The landlord was reimbursed the filing fee because they fully succeeded with their claim.
- The hearing proceeded in the tenant's absence because the tribunal was satisfied that the tenant had been properly notified.
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 tenant had to pay rent arrears and other charges.
What was the dispute about?
The landlord claimed the tenant owed rent and other fees, and did not attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not pay rent and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The landlord's proof of rent arrears and the tenant's failure to attend the hearing were crucial.
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 who does not pay rent and does not attend hearings can have their tenancy terminated.
What evidence or documents mattered?
The landlord provided rent records and invoices showing the arrears.
