Tenancy Terminated for Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not pay their rent and did not respond to notices or attend the hearing.
⚖️ Legal holding
A tenant's failure to respond to notices and attend hearings results in termination of the tenancy.
📖 Technical summary
The tenancy was terminated due to unpaid rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and the tenant's failure to respond to notices and attend hearings.
📚 Full judgment Official document
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[2025] NZTT 5211136
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59 pm on Sunday 11 May 2025.
2. [NAME] must pay [COMPANY] $3,757.14 immediately, being rent arrears to 8 May 2025.
3. The Bond Centre is to pay the bond of $1,600.00 (6417694-009) to [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 8 May 2025 $5,357.14 Total award $5,357.14 Bond $1,600.00 Total payable by Tenant to Landlord $3,757.14
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.
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2. The tenant has been served by post to his residential address.
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 landlord has applied for termination of the tenancy, rent arrears, and refund of the bond.
5. The landlord stated they have not been able to make contact with the tenant since 10 March 2025.
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 which prove the amount owing at today’s date is $5,357.14.
8. [COMPANY] is not seeking reimbursement of the filing fee.
C Lamdin
08 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, rent arrears, and bond refund was accepted.
- The tenant failed to answer calls at the scheduled hearing time.
- The tribunal was satisfied that the tenant received proper notice of the hearing.
- The landlord proved that the rent was over 21 days in arrears when the application was filed.
- The landlord provided rent records that confirmed the amount of rent owed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to unpaid rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears and the tenant's failure to respond to notices and attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent and did not respond to notices or attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the tenant's failure to respond to notices and attend the hearing.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 fail to pay rent and do not respond to notices or attend hearings.
What evidence or documents mattered?
The evidence included rent records showing arrears and the fact that the tenant did not respond to notices or attend the hearing.