Tenant Loses Tenancy Due to Non-Attendance at Hearing
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to pay rent and did not show up for the hearing. The landlord received $2,930.92 as compensation for the unpaid rent.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the termination of their tenancy and a monetary award to the landlord.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent was 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 landlord was awarded $2,930.92.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and awarded the landlord $2,930.92. The tenant failed to attend the hearing and had not requested an adjournment.
📚 Full judgment Official document
__________________________________________________________________________________ 5204683 1
[2025] NZTT 5204683
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME], at 11.59 pm on Tuesday 20 May 2025.
2. [NAME] must pay [NAME] $2,930.92 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 18 May 2025 $2,903.92 Filing fee reimbursement $27.00 Total award $2,930.92 Total payable by Tenant to Landlord $2,930.92
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. The tenant has been served by post to his residential address.
__________________________________________________________________________________ 5204683 2
3. 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.
4. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
5. 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.
6. The landlord provided rent records which prove the amount owing up to 18 May 2025 is $2,903.92.
7. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
13 May 2025
__________________________________________________________________________________ 5204683 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.
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/
__________________________________________________________________________________ 5204683 4
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 attended the hearing by teleconference.
- The tenant was properly notified of the hearing by post to their residential address.
- The tenant did not answer the calls for the scheduled hearing.
- The tenant's rent was more than 21 days overdue when the application was filed, leading to tenancy termination.
- The landlord provided records proving the amount of rent owed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the landlord was awarded $2,930.92.
What was the dispute about?
The dispute was about unpaid rent and the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not pay rent and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The fact that the tenant did not attend the hearing and had not requested an adjournment was crucial.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone who fails to pay rent and does not attend a hearing may have their tenancy terminated and be required to pay outstanding rent.
What evidence or documents mattered?
The landlord provided rent records showing the amount owing up to the date of the hearing.