Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal terminated a tenancy due to unpaid rent arrears. The landlord was awarded compensation and the bond was transferred to the landlord. The tenant did not attend the hearing and had not requested an adjournment.
⚖️ Legal holding
A tenant who fails to attend a hearing and pays rent arrears late may have their tenancy terminated.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days late when the landlord applies to the Tribunal. It also covers situations where a tenant causes significant damage to the property or assaults 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 compensation.
📜 Headnote Official document
In this Tenancy Tribunal case, the tenancy was terminated due to rent arrears and the landlord was awarded compensation. The tenant failed to attend the hearing and had not requested an adjournment.
📚 Full judgment Official document
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[2025] NZTT 5210412
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
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 11.59 pm on Tuesday 17 June 2025.
2. The [COMPANY] is to pay the bond of $3,840.00 to [NAME] immediately.
3. [NAME] and [NAME] must pay [NAME] $20,316.70 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 17 June 2025 $22,908.57 Filing fee reimbursement $27.00 Water rates $1,221.13 Total award $24,156.70 Bond $3,840.00 Total payable by Tenant to Landlord $20,316.70
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time on the two numbers provided to the Tribunal.
2. The tenants have been served by post to their residential address.
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3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. The tenants signed a one-year fixed-term tenancy agreement on 2 August 2024. The term of the tenancy is to run from 3 August 2024 until 2 August 2025.
5. The landlord has applied for termination of the tenancy, rent arrears, compensation, reimbursement of the filing fee and refund of the bond.
6. 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.
7. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy on 17 June 2025 will be $22,908.57 for rent arrears. $1,221.13 is currently owing for water rates invoices.
8. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
10 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 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 attended the hearing while the tenant did not answer the calls.
- The tenants were properly served notice of the hearing according to the law.
- Rent was at least 21 days in arrears when the application was filed.
- The landlord provided proof of rent arrears through rent records and invoices.
- The landlord requested and received reimbursement for the filing fee.
❌ Tends to be rejected
- The tenant did not request an adjournment or provide any explanation for missing the hearing.
- The tenant did not pay the rent arrears on time or attend the hearing to contest the claims.
- The tenant did not provide any evidence to dispute the amount of rent arrears claimed by the landlord.
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 compensation for rent arrears.
What was the dispute about?
The dispute was about the termination of a tenancy due to unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and had not requested an adjournment, and the rent was at least 21 days in arrears.
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 argument that mattered most was that the tenant failed to attend the hearing and had not requested an adjournment, and the rent was at least 21 days in 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?
For someone in a similar situation, failing to attend a hearing and having rent arrears can lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records and water rates invoices showing the amount owing at the end of the tenancy.