Tenancy Terminated for Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they missed rent payments and didn't show up for the hearing. The landlord got the right to evict the tenant and received the outstanding rent plus the bond.
⚖️ Legal holding
A tenant who fails to attend a hearing and has rent arrears can have their tenancy terminated.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was at least 21 days overdue when the application was made. It also allows termination if the tenant caused or threatened serious damage to the property, or 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 the tenant due to rent arrears and the tenant's failure to make themselves available for the hearing. The landlord successfully claimed termination of the tenancy, rent arrears, and refund of the bond.
📚 Full judgment Official document
__________________________________________________________________________________ 5114790 1
[2025] NZTT 5114790
TENANCY TRIBUNAL - Remote Location
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], at 5pm, Wednesday 19th February 2025.
2. [NAME] is to pay the sum of $3,447.00 to [COMPANY] immediately.
3. The Bond Centre is to pay the bond of $2,120.00 (5368476-002) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears up to 19 February 2025 $5,540.00 Filing fee reimbursement $27.00 Total award $5,567.00 Bond $2,120.00 Total payable by Tenant to Landlord $3,447.00
Reasons:
1. The tenant failed to make themselves available for the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
__________________________________________________________________________________ 5114790 2
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 which prove the amount owing at the end of the tenancy.
5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
19 February 2025
__________________________________________________________________________________ 5114790 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.
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/
__________________________________________________________________________________ 5114790 4
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 tenant did not show up for the hearing.
- The landlord proved there were rent arrears of at least 21 days.
- The landlord provided proof of the amount owed through rent records.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the arrears.
- The tenant did not contest the landlord's claim for termination of the tenancy.
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 given possession of the property and awarded the outstanding rent and bond.
What was the dispute about?
The landlord wanted to terminate the tenancy due to unpaid rent and the tenant's absence from the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to attend the hearing and had significant rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The most important argument was the tenant's failure to attend the hearing and the presence of significant rent arrears.
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 could face termination of their tenancy if they miss rent payments and fail to attend a hearing.
What evidence or documents mattered?
The rent records proving the amount owing at the end of the tenancy were crucial.