Tenant Fails to Attend Hearing, Tenancy Terminated for Rent Arrears
📌 In brief
In this case, the Tenancy Tribunal terminated a lease agreement because the tenant did not pay rent on time. As a result, the landlord was given possession of the property. The tenant missed the court date, which affected their ability to defend themselves.
⚖️ Legal holding
A tenant is required to pay rent on time or face termination of their lease under the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy was terminated due to rent arrears and possession granted to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and granted possession to the landlord. The tenant failed to attend the hearing, and the tribunal relied on evidence provided by the landlord.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5496164
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [COUNSEL]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COUNSEL], at 5pm Thursday 28th May 2026.
2. The [COMPANY] is to pay the bond of $1,400.00 (BN-25080462) to [RESPONDENT] As Agent For [COUNSEL] immediately.
3. [RESPONDENT] must pay [COMPANY] As Agent For [COUNSEL] $1,458.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears up to Thursday 28th May 2026 $2,830.00 Filing fee reimbursement $28.00 Total award $2,858.00 Bond $1,400.00 Total payable by Tenant to Landlord $1,458.00
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Reasons:
1. The tenant failed to make herself available for today’s hearing. Two attempts were made to contact her by phone.
2. The landlord has applied for termination of the tenancy, rent arrears 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.
5. [COMPANY] As Agent For [COUNSEL] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
28 May 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 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 tenant did not show up for the hearing despite two phone call attempts.
- The landlord proved that rent was at least 21 days in arrears.
- The landlord provided rent records proving the amount of rent owed.
- The landlord applied for termination of the tenancy based on rent arrears.
❌ Tends to be rejected
- The tenant failed to provide any defense or explanation for the rent arrears.
- The tenant did not make herself available for the hearing.
- The tenant did not contest the amount of rent arrears claimed by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal terminated the tenancy and granted possession to the landlord due to rent arrears.
Who was involved?
A tenant who failed to pay rent on time, a landlord represented by an agent, and the Tenancy Tribunal.
How did the court decide, and why?
The tribunal decided based on evidence of unpaid rent and the tenant's failure to attend the hearing.
Which laws or rules were applied?
Section 54 of the Residential Tenancies Act 1986 was cited as the legal basis for terminating the tenancy.
What was the argument that mattered most?
The landlord's evidence showing rent arrears and the tenant's failure to attend the hearing were crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord, who initiated the proceedings.
What does this mean for someone in a similar situation?
If you are behind on rent and miss your court date, it can result in losing your tenancy.
What evidence or documents mattered?
The landlord provided records of unpaid rent and proof that the tenant was notified of the hearing.
Can a decision like this be appealed?
Yes, but only if there is new evidence or a substantial miscarriage of justice occurred.
Is it worth getting a lawyer for a case like this?
It's advisable to seek legal advice from a qualified lawyer for such matters.