Tenant Loses Tenancy Due to Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent and didn't show up for the hearing. The landlord proved the tenant owed $3,170 in rent arrears and the tribunal followed the law to terminate the tenancy.
⚖️ Legal holding
A tenant's failure to attend a hearing and pay rent arrears can lead to the termination of their tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also covers situations where the tenant has caused significant damage to the property or threatened the landlord or their family.
This rule allows the Tenancy Tribunal to end a tenancy if one party has broken a term of the tenancy agreement or the Act. If the problem could have been fixed, the party who complained must have given the other party at least 10 working days' notice to fix it, and they failed to do so.
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 attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and the tenant's failure to attend the hearing. The landlord provided proof of rent arrears and the tenancy was terminated under sections 55 and 56(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5187891
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], RD 2, Ohaupo 3282
ORDER
1. The tenancy of [NAME] at [ADDRESS], RD 2, Ohaupo 3282 is terminated, and possession is granted to [COMPANY] T/A [NAME] as agents for [NAME], at 11:59pm on 2 May 2025.
2. [NAME] must pay [COMPANY] T/A [NAME] as agents for [NAME] $1,477.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 2 May 2025 $3,170.00 Filing fee reimbursement $27.00 Total award $3,197.00 Bond $1,720.00 Total payable by Tenant to Landlord $1,477.00
3. The Bond Centre is to pay the bond of $1,720.00 (5985505-003) to [COMPANY] T/A [NAME] as agents for [NAME] immediately.
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Reasons:
1. The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 974.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
3. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
4. The landlord provided rent records which prove the amount owing of $3,170.00 through to the end of the tenancy, being 2 May 2025.
5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
6. [COMPANY] T/A [NAME], as agents for [NAME], has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
29 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 provided proof of rent arrears totaling $3,170.00.
- The tenant did not attend the hearing and did not respond to calls.
- Rent was at least 21 days in arrears at the time of the hearing.
- The landlord applied to terminate the tenancy due to breach of obligations.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for the arrears.
- The tenant did not show up to contest the termination of the tenancy.
- The tenant did not pay off the rent arrears before the hearing.
- The tenant did not request a rehearing or appeal the decision.
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 due to unpaid rent and non-attendance at the hearing.
What was the dispute about?
The dispute was about whether the tenant's failure to pay rent and attend the hearing justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay rent and attend the hearing, following the law.
Which laws or rules were applied?
Sections 55 and 56(2) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was the tenant's failure to pay rent and attend the hearing.
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 could face termination of their tenancy if they fail to pay rent and attend hearings.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the rent arrears.