Tenant Failed to Attend Hearing, Tenancy Terminated for Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who did not show up for the hearing. The landlord proved that rent was at least 21 days overdue and the tenancy was terminated under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's failure to attend a hearing allows the landlord to terminate the tenancy for rent arrears under the Residential Tenancies Act 1986.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the tenant owes at least 21 days of rent when the landlord applies to the Tribunal. It also covers situations where a tenant has caused significant damage or threatened the landlord or their family.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant failed to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears after the tenant failed to attend the hearing. The landlord provided proof of arrears and the tenancy was terminated under section 55(1)(a) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5199912 1
[2025] NZTT 5199912
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm, Sunday 1 June 2025.
2. The Bond Centre is to pay the bond of $2,400.00 (3267534-003) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $18,455.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 1 June 2025 $20,828.57 Water rates $0.00 Filing fee reimbursement $27.00 Total award $20,855.57 Bond $2,400.00 Total payable by Tenant to Landlord $18,455.57
__________________________________________________________________________________ 5199912 2
Reasons:
1. The landlord attended the hearing by telephone. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. The hearing proceeded in the tenant’s absence.
2. The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
3. 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.
4. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord provided a water rates summary to prove the amount owed for water.
5. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
29 May 2025
__________________________________________________________________________________ 5199912 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 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/
__________________________________________________________________________________ 5199912 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proof of rent arrears through rent records.
- The landlord showed the amount owed for water through a summary.
- The tenant did not attend the hearing despite an attempt to join them by phone.
❌ Tends to be rejected
- The tenant's absence and lack of attendance at the hearing were not contested or addressed.
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 rent arrears and the tenant did not attend the hearing.
What was the dispute about?
The landlord claimed that the tenant owed rent arrears and requested termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and rent was at least 21 days overdue.
Which laws or rules were applied?
Section 55(1)(a) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The landlord argued that the tenant's failure to attend the hearing and the existence of rent arrears justified termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
If a tenant fails to attend a hearing and rent arrears exist, the tenancy may be terminated.
What evidence or documents mattered?
The landlord provided rent records and a water rates summary.