Tenant Loses Tenancy Due to Non-Attendance at Hearing
📌 In brief
The Tenancy Tribunal ended a tenant's lease and ordered them to pay back rent because they did not show up to the hearing and could not prove they did not owe the money.
⚖️ Legal holding
A tenant who fails to attend a hearing and provide evidence to refute the landlord's claims is liable for rent arrears.
📖 Technical summary
The Tribunal terminated the tenancy and awarded the landlord rent arrears and a filing fee reimbursement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to attend the hearing and provide evidence to refute the landlord's claims. The tenant was ordered to pay rent arrears and the landlord received a filing fee reimbursement.
📚 Full judgment Official document
__________________________________________________________________________________ 5181332 1
[2025] NZTT 5181332
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], at 11.59pm, Wednesday 7 May 2025.
3. The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $3,577.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 7 May 2025 $5,650.00 Filing fee reimbursement $27.00 Total award $5,677.00 Bond $2,100.00 Total payable by Tenant to Landlord $3,577.00
__________________________________________________________________________________ 5181332 2
Reasons:
1. The landlord attended the hearing by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone, but the call went unanswered. As I am satisfied that the tenant had notice of this hearing, the hearing proceeded in her absence.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
3. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed.
[NAME] 30 April 2025
__________________________________________________________________________________ 5181332 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 rent records proving the amount owed.
- The tenant did not attend the hearing and failed to provide any evidence to dispute the landlord's claims.
- The landlord had notice of the hearing and attempted to contact the tenant via telephone.
❌ Tends to be rejected
- The tenant did not provide any proof of payment or explanation for the rent arrears.
- The tenant did not contest the landlord's claim of rent arrears through attendance or submission of evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision terminated the tenant's tenancy and ordered the tenant to pay rent arrears to the landlord.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears to the landlord.
How did the court decide, and why?
The court decided that the tenant owed rent arrears because the tenant did not attend the hearing and provide evidence to refute the landlord's claims.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to attend the hearing and provide evidence to refute the landlord's claims.
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 attend all hearings and provide evidence to refute any claims made against them.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this case.