Tenancy Terminated for Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant didn't pay rent and didn't show up for the hearing. The landlord proved the rent was overdue, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant's failure to pay rent and attend a hearing results in the termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule says that a Tenancy Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days overdue when the application was made. It also allows for 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 tenant's failure to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and the tenant's failure to attend the hearing. The landlord provided proof of arrears, and the Tribunal ordered the immediate termination of the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5155074 1
[2025] NZTT 5155074
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 agent for [COMPANY], immediately.
2. The [COMPANY] is to pay the bond of $2,580.00 (3325934-011) to [COMPANY] as agent for [COMPANY] immediately.
3. [NAME] must pay [COMPANY] as agent for [COMPANY] C/- [NAME] $17,790.48 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to the end of 7 May 2025 $19,350.00 Water rates $993.48 Filing fee reimbursement $27.00 Subtotal $20,370.48 Bond $2,580.00 Total amount tenant must pay the landlord $17,790.48
__________________________________________________________________________________ 5155074 2
Reasons:
1. The hearing was conducted remotely on Microsoft Teams.
2. [NAME] attended the hearing for the landlord.
3. The tenant did not attend. The hearing proceeded in their absence.
4. The landlord applies for termination of the tenancy, rent and water arrears, reimbursement of the filing fee, and payment over of the bond.
5. Rent was at least 21 days in arrears on the date the application was filed. The Tribunal must terminate the tenancy under s 55(1)(a) of the Residential Tenancies Act 1986. The tenancy is terminated immediately.
6. The landlord provided rent and water records which prove the amounts owing at the end of the tenancy for rent and water. The Tribunal orders those.
7. The tenant must reimburse the landlord for the filing fee.
[NAME]
08 May 2025
__________________________________________________________________________________ 5155074 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's request for tenancy termination was accepted because the rent was overdue by at least 21 days when the application was filed.
- The landlord's claim for rent and water arrears was granted because they provided records proving the amounts owed.
- The landlord was reimbursed for the filing fee.
- The bond money was ordered to be paid to the landlord.
❌ Tends to be rejected
- The tenant's side did not present any arguments because they did not attend the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy due to unpaid rent and the tenant's non-attendance.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because of unpaid rent and the tenant's failure to attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord proved that the rent was at least 21 days in arrears and the tenant did not attend the hearing.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most important argument was that the rent was at least 21 days in arrears and the tenant did not attend the hearing.
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?
For someone in a similar situation, failing to pay rent and attend a hearing could lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence that mattered included rent and water records proving the amounts owing at the end of the tenancy.