Tenancy Tribunal Allows Landlord to Recover Rent and End Tenancy
📌 In brief
A landlord won their case against a tenant who stopped paying rent and left the property without notice. The Tenancy Tribunal ordered the tenant to pay back rent and allowed the landlord to end the tenancy immediately.
⚖️ Legal holding
A landlord is entitled to terminate a tenancy and recover rent arrears when the tenant has stopped paying rent and abandoned the property.
📖 Technical summary
The claimant successfully terminated a tenancy and recovered rent arrears.
📜 Headnote Official document
The claimant, a landlord, successfully terminated a tenancy and recovered rent arrears from the tenant who stopped paying rent and abandoned the property. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5508472
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Bianco Off Queen
ORDER
1. [RESPONDENT] must pay [APPELLANT] and [NAME] $909.44 immediately, being rent arrears to 5 June 2026.
Description Landlord Rent arrears to 5/06/26 $909.44 Total award $909.44 Total payable by Tenant to Landlord $909.44
2. The tenancy of [RESPONDENT] at [ADDRESS], Auckland Central is terminated at 11.59 on 5 June 2026 and possession is granted immediately after that date and time to the landlord.
Reasons:
1. The landlord attended the hearing, the tenant did not attend.
2. This was a tenancy that commenced on 10 October 2013. On 3 March 2026, the tenant stopped paying rent. The landlord has attempted to engage with the tenant since that time, to no avail.
3. The landlord has issued notices to the tenants via, house calls, phone, and email. The landlord is of the view that the tenant has left the property. The landlord seeks immediate possession of the property.
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4. The landlord has applied for termination of the tenancy and rent arrears.
5. Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated at 11.59pm on Friday 5th June 2026. See section 55(1)(a) Residential Tenancies Act 1986.
6. The landlord provided rent records which prove the amount of $909.44 owing at the end of the tenancy.
7. I am satisfied that the tenancy should be terminated, and that the landlord has proven their claim for rent arrears.
[NAME]
05 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Compensation for End-of-Lease Obligat…
- Tenancy Tribunal Tenant Ordered to Vacate Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated: Tenant Ordered to Pay Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Terminates Tenancy for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay $6,512.25 for Repairs and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Repay Rent Arrears to Avoid Eviction
- Tenancy Tribunal Tenant's Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Successfully Claims Bond Refund from Landlord
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Tenant stopped paying rent.
- Tenant abandoned the property.
- Tenant did not leave the premises in a good state of repair and cleanliness.
- Rent arrears exceed 21 days when the application is filed.
- Tenant failed to comply with rental agreements.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant, a landlord, was granted permission to terminate the tenancy and recover unpaid rent.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that since the tenant stopped paying rent and abandoned the property, the landlord could terminate the tenancy and recover arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was cited in the decision.
What was the argument that mattered most?
The fact that the tenant stopped paying rent and abandoned the property was crucial to the court's decision.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
If a tenant stops paying rent and leaves without notice, the landlord may be able to terminate the tenancy and recover unpaid rent.
What evidence or documents mattered?
The landlord provided rent records showing arrears and attempted communication with the tenant.
Can a decision like this be appealed?
Yes, either party can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.