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 attend the hearing. The landlord received compensation for unpaid rent, water rates, and the filing fee.
⚖️ Legal holding
A tenant who fails to pay rent and attend the hearing can have their tenancy terminated and be liable for damages.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the landlord was awarded damages.
📜 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 was awarded damages including rent arrears, water rates, and the filing fee.
📚 Full judgment Official document
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[2025] NZTT 5181846
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
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 Agents For [NAME], immediately.
2. The Bond Centre is to pay the bond of $2,360.00 (5244866-006) to [COMPANY] As Agents For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agents For [NAME] $15,737.21 immediately, being rent arrears to 29 May 2025.
Description Landlord Tenant Rent arrears $17,415.00 Water rates $655.21 Filing fee reimbursement $27.00 Total award $18,097.21 Bond $2,360.00 Total payable by Tenant to Landlord $15,737.21
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Reasons:
1. The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone call made by the Tribunal.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates arrears, reimbursement of the filing fee 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 has applied for rent arrears and water rates arrears and has provided records which prove the amount owing.
5. As [COMPANY] As Agents For [NAME] has wholly succeeded with the claim, the Tenant must reimburse the filing fee.
A Aiolupotea 29 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 provided proof of rent arrears through records.
- The landlord applied for termination of the tenancy due to unpaid rent.
- The tenant did not attend the hearing nor respond to calls from the tribunal.
- The landlord applied for reimbursement of the filing fee since they wholly succeeded.
❌ Tends to be rejected
- The tenant failed to provide any counter-evidence or explanation for the arrears.
- The tenant did not contest the landlord's claims or attend the hearing to defend themselves.
- The tenant did not show up to the hearing, missing the opportunity to present their side.
- The tenant did not request a rehearing or appeal the decision within the specified timeframe.
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 damages.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy.
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 55(1)(a) was applied.
What was the argument that mattered most?
The fact that the tenant did not pay rent and did not attend the hearing was the most important argument.
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 fails to pay rent and attend hearings could face termination of their tenancy and be liable for damages.
What evidence or documents mattered?
The evidence included records proving the amount of rent arrears and water rates owed.