Tenancy Tribunal Dismisses Landlord's Claim for Rent Arrears and Termination
📌 In brief
The Tenancy Tribunal dismissed the landlord's application for termination and rent arrears because the landlord did not provide a tenancy agreement or proof of when the tenancy started.
⚖️ Legal holding
A landlord must provide a tenancy agreement or proof of commencement date to substantiate claims for termination and rent arrears.
📖 Technical summary
The claimant's application for termination and rent arrears was dismissed due to lack of evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for termination and rent arrears due to the landlord's failure to provide a tenancy agreement or proof of the commencement date of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5183234
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1C, [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The landlord attended the hearing and had the assistance of a mandarin interpreter. The tenant did not attend.
2. The landlord applied for termination and rent arrears.
3. The landlord did not produce a tenancy agreement or any document proving when the tenancy commenced. It is therefore not possible to determine whether the tenant’s rent is in arrears.
4. The landlord applied for termination on the basis that the rent was in arrears of more than 21 days at the date of application. Again, it is not possible to determine this application because of the uncertainty of the date the tenancy commenced.
5. At the hearing the landlord sought termination due to threats from the tenant. He produced a series of text messages which he said were from 27 February 2025. The context of the messages was in relation to release of part of the
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tenant’s bond and complaints from the tenant in relation to blocked drainage and a broken toilet. The landlord said that he called the Police in relation to the messages, but no action was taken by the Police.
6. The messages from the tenant were not sufficient to terminate the tenancy.
7. I note that the landlord has given the tenant, and all other tenants at the apartment block, 90 days’ notice to terminate which is to take effect at the end of May 2025.
[NAME]
24 March 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 failed to provide a tenancy agreement or proof of the tenancy start date.
- The tribunal could not determine if rent was in arrears due to the lack of a tenancy agreement or start date.
- The tribunal could not determine the application for termination based on rent arrears because the tenancy start date was uncertain.
- The text messages provided by the landlord were not sufficient grounds to terminate the tenancy.
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 rent arrears.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy and collect unpaid rent.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not provide a tenancy agreement or proof of the start date of the tenancy.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord's inability to prove the commencement date of the tenancy.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have a tenancy agreement and proof of the start date of the tenancy to support their claims.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.