Tenant Fails to Respond to Termination Notice
📌 In brief
The Tenancy Tribunal granted the landlord possession of the property after the tenant failed to respond to a termination notice. The tenant owed rent arrears and the landlord was allowed to sell the tenant's goods to cover the debt.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy validly and reclaim possession if proper notice is given and the tenant fails to respond.
📖 What the law says
This rule states that if a tenant stays in a rental property after their tenancy has ended, they are still responsible for all their tenant duties as if the tenancy was still active. This continues until they move out of the property.
This rule explains what happens when a tenant leaves their belongings behind after a tenancy ends. For perishable items like food, the landlord can get rid of them immediately. For other goods, the landlord must store them safely and ask the Tenancy Tribunal for instructions on how to dispose of them.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was validly terminated and possession granted to the landlord. The tenant owes arrears and must pay the landlord from the proceeds of goods sold.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord after the tenant failed to respond to termination notice. The tenant owed rent arrears and the landlord was entitled to dispose of the tenant's goods.
📚 Full judgment Official document
__________________________________________________________________________________ 5429071 1
[2026] NZTT 5429071
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Te Atatu South, Auckland 0610
ORDER
1. The tenancy of [NAME] at [ADDRESS], Te Atatu South, Auckland 0610 was validly terminated effective 23 March 2026. Immediate possession is granted to [COMPANY] as Agent for [NAME]
2. The [COMPANY] is to pay the bond of $2,960.00 (BN-00063658) to [COMPANY] as Agent for [NAME] immediately.
3. [NAME] must pay [COMPANY] as Agent for [NAME] $2,972.59 immediately, calculated as shown below:
Description Landlord Tenant Rent arrears to 21 April 2026 $4,630.97 Previous order application 5421001 dated 15/01/2026
$1,190.86
Water rates to reading 30 January 2026 $82.76 Filing fee reimbursement $28.00 Total award $5,932.59 Minus Bond - $2,960.00 Total payable by Tenant to Landlord $2,972.59
4. [COMPANY] as Agent for [NAME] must:
__________________________________________________________________________________ 5429071 2
a. take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
b. dispose of the other goods left at the premises by the tenant by:
i. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
ii. disposing of all goods with no saleable value as the landlord sees fit; and
iii. paying the proceeds of any sale, less the amount owing, to the [COMPANY] together with a copy of this Order.
5. The amount owing to the applicant out of the proceeds of any sale is $2,972.59.
6. This Order replaces the Tribunal’s Order dated 21 April 2026 which named the landlord as [COMPANY], as per the application. The landlord has requested that the Order be changed to record the landlord as [COMPANY]. That is how the landlord is recorded in the agreement so the change is appropriate.
Reasons:
1. The landlord and owner attended the hearing which was held by videoconference. The tenant didn’t attend and couldn’t be reached on the phone number given in the Notice of Hearing, which was properly served.
2. The landlord seeks an Order confirming termination of the tenancy, for rent and water rates arrears, for disposal of goods left at the premises and refund of the bond.
3. An Order was made by the Tribunal on 15 January 2026 quantifying the rent arrears owed to that date.
4. The landlord gave the tenant notice of termination ending the tenancy on 23 March 2026. The tenant could have given 21 days’ notice to end the tenancy sooner. On 3 March she requested that the tenancy end on 12 March. Twenty one days’ notice from then would take the end date to 24 March.
5. When the landlord did an inspection of the premises on 24 March it was not clear whether the tenant was still occupying the property. A large quantity of her belongings were left. No attempt was made to return the keys to the landlord.
6. The landlord made repeated attempts to contact the tenant to clarify her intentions and arrange for her to collect her belongings and return the keys.
7. Photographs taken during an inspection on 15 April 2026 show the premises appear to be occupied, although the owner says neighbours report no activity at the premises overnight.
__________________________________________________________________________________ 5429071 3
8. My findings are that:
a. the tenancy was ended by the landlord’s notice of termination on 23 March 2026; and that
b. because the tenant has effectively remained in occupation of the premises since then, she remains liable for rent to the date of this Order giving possession to the landlord.1
9. The landlord has provided rent and water rates records showing the amounts owed. The water rates arrears take into account payments made by the tenant towards water rates to and including 15 January 2026 when those payments stopped.
10. The landlord is unable to contact the tenant.
11. It is not practicable for the landlord to the return her goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. If so, the landlord must sell these goods at a reasonable market price.
12. The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the [COMPANY].2
13. The landlord may dispose of any goods that have no saleable value as it sees fit.
14. [COMPANY] as Agents for [NAME] has succeeded with the claim I must reimburse the filing fee.
B King
28 April 2026
1 See s.60(1) RTA 2 See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) RTA
__________________________________________________________________________________ 5429071 4
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/
__________________________________________________________________________________ 5429071 5
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 gave proper notice to terminate the tenancy.
- The tenant did not respond to the notice or attend the hearing.
- The landlord provided records showing the amounts owed for rent and water rates.
- The tenant left behind belongings without returning the keys or clarifying intentions.
❌ Tends to be rejected
- The tenant did not provide any response or defense regarding the termination.
- The tenant did not attempt to collect their belongings or return the keys.
- The tenant did not provide any evidence of non-occupation after the notice was given.
- The tenant did not address the outstanding rent arrears and water rates.
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 property and ordered the tenant to pay rent arrears from the proceeds of goods sold.
What was the dispute about?
The dispute was about terminating a tenancy due to unpaid rent and the landlord's inability to contact the tenant.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to respond to the termination notice and the landlord had attempted to contact the tenant multiple times.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 60(1), 62(3)(b), 62B(2), and 62C(1)(b) were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to respond to the termination notice despite the landlord's efforts to contact them.
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?
For someone in a similar situation, failing to respond to a termination notice can lead to the loss of tenancy and the obligation to pay outstanding rent from the proceeds of goods sold.
What evidence or documents mattered?
The evidence included rent and water rate records, and the landlord's attempts to contact the tenant were documented.