Tenant Loses Tenancy Due to Non-Attendance and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant did not show up for a hearing despite proper notification. The tenant owed back rent and was ordered to pay the landlord over $5,800.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the termination of their tenancy if they have been properly notified.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent is at least 21 days overdue when the application was made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
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 a tenant who failed to attend a hearing after being properly notified. The tenant owed rent arrears and was ordered to pay the landlord $5,894.88.
📚 Full judgment Official document
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[2025] NZTT 5192232
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [COMPANY], at 11.59 pm on Tuesday 6 May 2025.
2. [NAME] must pay [COMPANY] As Agent For [COMPANY] $5,894.88 immediately, calculated as shown in table below.
3. [COMPANY] is to pay the bond of $2,800.00 (6468340-006) to [COMPANY] As Agent For [COMPANY] immediately.
Description Landlord Tenant Rent arrears to 6 May 2025 $8,171.28 Water rates $496.60 Filing fee reimbursement $27.00 Total award $8,694.88 Bond $2,800.00 Total payable by Tenant to Landlord $5,894.88
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
4. 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.
5. The landlord provided rent records which prove the amount owing on 6 May, the end of the current rent cycle, is $8,171.28.
6. The landlord provided water rates invoices which prove the amount currently owing for water rates is $496.60.
7. [COMPANY] As Agent For [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
30 April 2025
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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 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/
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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 landlord's claim for termination of the tenancy was accepted because the rent was at least 21 days in arrears when the application was filed.
- The landlord's claim for rent arrears was proven by the provided rent records.
- The landlord's claim for water rates was proven by the provided invoices.
- The landlord was reimbursed for the filing fee because they wholly succeeded with their claim.
- The hearing proceeded in the tenant's absence because the tribunal was satisfied they had been properly served notice and had not requested an adjournment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's tenancy and ordered the tenant to pay the landlord $5,894.88.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy due to the tenant's failure to attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and had outstanding rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 55(1)(a), was applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to attend the hearing after being properly notified.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 and stay current with rent payments to avoid termination of their tenancy.
What evidence or documents mattered?
The rent records and water rates invoices provided by the landlord were crucial evidence.