Tenancy Tribunal Dismisses Landlord's Claim Due to Non-Attendance
📌 In brief
In this case, the Tenancy Tribunal dismissed a landlord's request to terminate a tenancy agreement because neither the landlord nor the tenants attended the scheduled hearing. This highlights the importance of attending all hearings in tenant disputes.
⚖️ Legal holding
A landlord’s application for termination and possession is dismissed if the parties do not attend the hearing as required by law.
📖 Technical summary
The claimant's application for termination and possession was dismissed due to non-attendance.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord’s application for termination and possession due to non-attendance by both parties. The hearing was scheduled via video conference, but neither party joined as expected.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5515567
TENANCY TRIBUNAL AT MANAKAU DISTRICT COURT (REMOTELY)
APPLICANT: [redacted] [NAME] and [COUNSEL]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. This was the hearing of the landlord’s application for termination and possession for abandonment.
2. None of the parties attended the hearing an at the start time of 2pm today. The hearing was by video conference and the parties are expected to join the hearing via a link or by telephone.
3. The Tribunal telephoned the number for the [NAME] manager given on the tenancy agreement and there was no answer.
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4. The Tribunal then telephoned the number for the [COMPANY] given on the application and spoke with the [NAME]. She said that she would put the call through to a [NAME] manager called [NAME]. He was unavailable and there was no one else who could assist.
5. I have therefore dismissed the application.
[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 [NAME] 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 [NAME].
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 Tenant Must Tidy Lawns or Pay $1,000 - Tenancy Tribunal
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Landlord Wins Unpaid Rent Claim Against Absent Tenant
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Repair Costs After Rehearing
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenancy Tribunal Dismisses Tenant’s Application Due to Non-Attendance
- Tenancy Tribunal Claim Dismissed: Tenant Failed to Attend Hearing
- Tenancy Tribunal Tenancy Tribunal Rejects Tenant’s Compensation Claim
- Tenancy Tribunal Tribunal Denies Landlord's Expedited Termination Request Due to Lack of Evi…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The parties did not attend the hearing as required by law.
- Evidence of arrears and other obligations is provided but the tenant does not appear in court.
- A tenant's failure to attend a scheduled hearing results in dismissal if there is no evidence of previous hearings or settlements.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord’s application for termination and possession due to non-attendance.
Who was involved?
A landlord and tenants were involved, but neither party attended the scheduled hearing.
How did the court decide, and why?
The court decided that since no one attended the hearing as required, it had no choice but to dismiss the application.
Which laws or rules were applied?
No specific laws were cited in this decision; however, the importance of attending scheduled hearings was emphasised.
What was the argument that mattered most?
The fact that neither party attended the hearing as required by law was the deciding factor.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who initiated the application.
What does this mean for someone in a similar situation?
If you are involved in a tenancy dispute, it is crucial to attend all scheduled hearings as required by law.
What evidence or documents mattered?
No specific evidence or documents were mentioned; the non-attendance was the key issue.
Can a decision like this be appealed?
Yes, decisions from the Tenancy Tribunal can typically be appealed to the District Court within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to consult with a qualified lawyer who specialises in tenancy law for advice on your specific situation.