Tenancy Terminated for Rent Arrears: What Tenants Need to Know
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay rent and did not show up for the hearing. The landlord was awarded damages for the unpaid rent.
⚖️ Legal holding
A tenant who fails to pay rent and does not attend a hearing can have their tenancy terminated.
📖 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 covers situations where a tenant causes significant damage or threatens the landlord or others.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated a tenancy due to rent arrears and awarded the landlord damages.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy due to rent arrears and awarded the landlord damages. The tenant failed to pay rent and did not attend the hearing, leading to the termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5133868
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Phillipstown Courts
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE], Phillipstown Courts is terminated, and possession is granted to [COMPANY], at 11.59 pm on Sunday 11 May 2025.
2. [NAME] must pay [COMPANY] $1,829.00 immediately, calculated as shown in table below.
3. The Bond Centre is to pay the bond of $268.00 (3421655-008) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 07 May 2025 $2,070.00 Filing fee reimbursement $27.00 Total award $2,097.00 Bond $268.00 Total payable by Tenant to Landlord $1,829.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
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2. This application was first heard on 20 March 2025. On that date the application was adjourned because I was not satisfied the tenant had been served notice and documents for this hearing. For some reason it appeared service had gone no further than an SMS notification to the tenant’s phone number.
3. I ordered that Tenancy Services serve the tenant at his postal address which is correct under section 91A(1) of the Residential Tenancies Act, 1986.
4. There is no information that I can see that confirms this has happened, but I presume it has.
5. The landlord today also advised me that following the last hearing she personally attached the notice of hearing for today’s hearing, to the tenant’s front door.
6. The landlord also provided oral information that she had been advised by Ministry of Social Development that the tenant was living at another address.
7. I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and he has not requested an adjournment. For these reasons the hearing was conducted in the tenant’s absence.
8. The landlord has applied for termination, rent arrears, refund of the bond, and reimbursement of the filing fee.
9. 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.
10. The landlord provided rent records which prove the amount owing at today’s date is $2,070.86.
11. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
07 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's application for termination was granted because the rent was at least 21 days in arrears when the application was filed.
- The landlord was awarded $2,070.86 for rent arrears because they provided rent records that proved the amount owing.
- The landlord was reimbursed the filing fee because they wholly succeeded with their claim.
- The tenant was considered properly served with the hearing notice, allowing the hearing to proceed in their absence.
- The landlord personally attached the notice of hearing to the tenant's front door, which contributed to the satisfaction of service.
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 and grant possession to the landlord, along with an award of damages to the landlord.
What was the dispute about?
The dispute was about unpaid rent and the landlord's request to terminate 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 confirmed the tenant's failure to comply with the rental agreement.
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 that the tenant failed to pay rent and did not attend the hearing, which allowed the landlord to terminate the tenancy.
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 not attending a hearing can lead to the termination of the tenancy and an award of damages to the landlord.
What evidence or documents mattered?
The evidence included rent records showing the amount owed and the landlord's service of notice to the tenant.