Tenant Issues Resolved, Landlord Withdraws Termination Application
📌 In brief
The Tenancy Tribunal heard a case where a landlord wanted to end a tenancy because of problems with the tenant. However, once these issues were resolved, the landlord decided to withdraw the application.
⚖️ Legal holding
A tenant is entitled to have a landlord's application to terminate a tenancy withdrawn if the issues leading to the application are resolved.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act. If the problem can be fixed, the party complaining must first give the other party at least 10 working days' notice to fix it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The landlord withdrew their application to terminate the tenancy after issues were resolved.
📜 Headnote Official document
The Tenancy Tribunal heard an application by the landlord to terminate a tenancy due to various breaches. After the issues were resolved, the landlord withdrew the application.
📚 Full judgment Official document
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[2026] NZTT 5506251
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Melody & Jeremy Cercenia
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. By consent, the landlord's application is withdrawn.
Reasons:
1. The hearing was conducted via video conference.
2. [NAME] appeared for the landlord.
3. The tenant, [NAME], appeared via teleconference.
Introduction
4. The landlord applied to the Tribunal seeking termination of the tenancy under section 56 of the Residential Tenancies Act 1986 (“the Act”). The application relied on a 14-day notice to remedy issued on 21 April 2026 and alleged breaches of the tenancy agreement, including the presence of an unauthorised occupant, disturbances affecting the quiet enjoyment of neighbouring residents, parking-related issues, and other concerns raised by occupants of the residential complex.
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5. The landlord's position was that the tenant had failed to remedy the breaches identified in the 14-day notice and that termination of the tenancy was therefore justified under s 56(1) of the Act, as it would be unfair to refuse to make an order terminating the tenancy. The landlord also relied on complaints from neighbouring residents and information relating to police attendance at the property.
6. During the hearing, [NAME] advised that the principal concerns giving rise to the application had been resolved since the filing of the application on 13 May 2026. In particular, the unauthorised occupant referred to in the application had vacated the premises and the individuals associated with that occupant were no longer attending the property. [NAME] confirmed that the disturbances complained of had ceased and that there had been no further incidents of concern.
7. [NAME] confirmed that her sister had moved out of the property approximately four weeks earlier and that the individuals referred to in the landlord's application were no longer attending the premises.
8. In light of those developments, the landlord advised that it no longer sought termination of the tenancy. The landlord accepted that the issues identified in the application had been remedied and requested leave to withdraw the application. The tenant agreed.
Discussion
9. I am satisfied that the matters giving rise to the application have been resolved since the application was filed.
10. The landlord no longer seeks termination and both parties agree that the concerns identified in the application have been remedied.
11. By consent, the landlord's application is withdrawn.
12. For completeness, I record that the application was withdrawn on the basis that the issues raised by the landlord had been remedied after the application was filed and before determination by the Tribunal.
M Kan
17 June 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 unauthorised occupant had vacated the premises.
- The disturbances affecting neighbours had ceased.
- The parking-related issues had been resolved.
- Both parties agreed that the issues had been remedied.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord withdrew their application to terminate the tenancy after the issues were resolved.
What was the dispute about?
The dispute was about the landlord's application to terminate the tenancy due to breaches of the tenancy agreement.
How did the court decide, and why?
The court allowed the landlord to withdraw the application because the issues leading to the application had been resolved.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 56 was applied.
What was the argument that mattered most?
The argument that mattered most was that the issues leading to the application had been resolved.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case, allowing them to withdraw the application.
What does this mean for someone in a similar situation?
For someone in a similar situation, if the issues leading to a landlord's application to terminate a tenancy are resolved, the landlord may be able to withdraw the application.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.