Tenant Loses Tenancy Due to Rent Arrears and Lack of Engagement
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay rent and didn't communicate with the landlord in a helpful way. The tenant missed the hearing and didn't provide proof of their health issues as asked.
⚖️ Legal holding
A tenant who fails to pay rent and does not engage constructively with the landlord can have their tenancy terminated.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination for substantial damage to the property or assault against the landlord or their family/agent.
This rule allows the Tenancy Tribunal to proceed with a hearing and make a decision, or dismiss or postpone the case, even if a party does not show up, as long as they were properly notified of the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant's failure to engage constructively with the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to rent arrears and the tenant's failure to engage constructively with the landlord. The tenant did not attend the hearing and failed to provide evidence of health issues as requested.
📚 Full judgment Official document
__________________________________________________________________________________ 5253741 1
[2025] NZTT 5253741
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11:59pm today, Tuesday 27 February 2025.
2. [COMPANY] is to pay the bond of $2,680.00 (3135855-022) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $4,926.29 immediately, calculated as shown in the table below.
4. [COMPANY] is to pay the bond of $2,680.00 (3135855-022) to [COMPANY] As Agent For [NAME] immediately.
Description Landlord Tenant Rent arrears to 27.05.25 $7,579.29 Filing fee reimbursement $27.00 Total award $7,606.29 Bond $2,680.00 Total payable by Tenant to Landlord $4,926.29
__________________________________________________________________________________ 5253741 2
Reasons:
1. [NAME] represented the landlord at the hearing.
2. [NAME] did not attend and did not answer the calls made to her phone during the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
3. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The claim was initially heard on 23 May. [NAME] did not attend the scheduled video conference at that time but did answer the second call to her phone. She sought an adjournment for health reasons.
4. In providing [NAME] with the benefit of the doubt, I approved the adjournment on the condition she file evidence of her difficulties. She did not.
5. [NAME] advises that the landlord has given [NAME] notice in accordance with section 51 of the RTA to end the tenancy today. He has also given evidence that rent was at least 21 days in arrears on the date the application was filed and remains so. [NAME] has not engaged with her landlord in any constructive way.
6. Accordingly, the tenancy is terminated pursuant to section 55(1)(a) of the RTA at the end of today. The bond is to be paid to the landlord in part-payment of the debt.
7. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
27 May 2025
__________________________________________________________________________________ 5253741 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 notice to end the tenancy in accordance with the Residential Tenancies Act.
- The tenant's rent was more than 21 days in arrears when the application was filed and remained so.
- The tenant did not engage constructively with the landlord regarding the tenancy issues.
- The tenant failed to attend the hearing and did not answer calls made to her phone.
- The tenant did not provide evidence of her difficulties after being granted 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 decided to terminate the tenant's tenancy due to unpaid rent and lack of constructive engagement with the landlord.
What was the dispute about?
The dispute was about whether the tenant should lose their tenancy because they hadn't paid rent and weren't communicating with the landlord.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant didn't pay rent and didn't engage constructively with the landlord, despite being notified of the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a) and 92 were applied.
What was the argument that mattered most?
The most important argument was that the tenant failed to pay rent and didn't engage constructively with the landlord.
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 might also lose their tenancy if they don't pay rent and don't communicate with the landlord.
What evidence or documents mattered?
The evidence that mattered included the rent arrears and the tenant's failure to attend the hearing or provide evidence of health issues.