Tenant Fails to Attend Hearing, Loses Premises and Pays Filing Fee
📌 In brief
The Tenancy Tribunal granted the landlord possession of the rented premises and ordered the tenant to pay the filing fee after the tenant did not show up for the hearing despite receiving proper notice.
⚖️ Legal holding
A tenant who fails to attend a hearing after proper notice is granted possession to the landlord.
📖 What the law says
This section says that if a tenancy has ended and someone is entitled to get the property back, the Tenancy Tribunal must order that person to get possession of the property. However, this order cannot be made more than three months after the tenancy ended. Also, if the Tribunal ends a tenancy under certain other sections, that decision automatically acts as an order for the landlord to get possession of the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted possession to the landlord and ordered the tenant to pay the filing fee.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay the filing fee after the tenant failed to attend the hearing despite proper notice.
📚 Full judgment Official document
__________________________________________________________________________________ 5152412 1
[2025] NZTT 5152412
TENANCY TRIBUNAL - Hamilton | Kirikiriroa
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
2. [NAME] must pay [COMPANY] $27.00 immediately, being the filing fee for this application.
Reasons:
1. Only the landlord’s representative attended the hearing held today by video conference. I telephoned the tenant, but the phone was switched to voicemail.
2. The Tribunal may continue a hearing in the absence of one party. I did so today because the tenant has been emailed and posted notice of the hearing date and time.
3. The landlord has applied for possession of the premises following the termination of the tenancy.
4. The tenancy ended on 19 December 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
5. I have made a possession order, effective immediately.
__________________________________________________________________________________ 5152412 2
6. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 February 2025
__________________________________________________________________________________ 5152412 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proper notice to the tenant via email and post.
- The tenancy ended less than 90 days before the hearing.
- The landlord's representative attended the hearing while the tenant did not.
- The landlord applied for possession of the premises following the termination of the tenancy.
❌ Tends to be rejected
- The tenant did not attend the hearing despite receiving proper notice.
- The tenant did not provide any reason for their non-appearance.
- The tenant did not contest the landlord's application for possession.
- The tenant did not submit any evidence or arguments during the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay the filing fee.
What was the dispute about?
The dispute was about the landlord seeking possession of the rented premises due to the tenant's failure to attend a hearing.
How did the court decide, and why?
The court decided to grant possession to the landlord because the tenant failed to attend the hearing after receiving proper notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 64(1) was applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to attend the hearing despite receiving proper notice.
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?
Someone in a similar situation should ensure they attend all hearings to avoid losing their rental premises.
What evidence or documents mattered?
The evidence included proper notice given to the tenant about the hearing date and time.