Tenancy Tribunal Dismisses Landlord's Rent Arrears Claim Due to Procedural Non-Compliance
📌 In brief
The Tenancy Tribunal dismissed the landlord's application for rent arrears because the landlord failed to attend the scheduled hearing and did not follow the necessary procedures outlined in the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is entitled to have their case heard if they comply with the procedural requirements set forth by the Residential Tenancies Act 1986.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, ordering a party to give up possession of property, or ordering a party to pay money.
This rule states that if a party is properly notified of a hearing but does not attend, the Tribunal can still proceed to hear and decide the case, or it can choose to dismiss or postpone the matter without that party present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the landlord's application for rent arrears due to non-compliance with procedural requirements.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application for rent arrears due to non-compliance with procedural requirements. The hearing was held via video conference, but neither party attended, and attempts to contact both parties were unsuccessful.
📚 Full judgment Official document
__________________________________________________________________________________ 5455820 1
[2026] NZTT 5455820
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
Reasons:
1. The hearing was held via video conference.
2. Neither party attended the hearing.
3. I attempted to contact the landlord on his mobile number ending 9721 twice. On both occasions, the message showed “no response”.
4. I attempted to contact the tenant on her mobile number ending 2299, but was unable to leave a voicemail.
5. The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
6. The other party did not attend the hearing.
7. The applicant’s application for rent arrears is dismissed.
__________________________________________________________________________________ 5455820 2
M Kan
16 June 2026
__________________________________________________________________________________ 5455820 3
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/
__________________________________________________________________________________ 5455820 4
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:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application for rent arrears.
What was the dispute about?
The dispute was about the landlord's claim for unpaid rent from the tenant.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the landlord did not attend the hearing and did not follow the required procedures.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 78(1)(i) and 92(1), were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's failure to attend the hearing and comply with procedural requirements.
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?
For someone in a similar situation, it means that failing to attend a scheduled hearing and following proper procedures can result in the dismissal of their claim.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.