Tenant Loses Tenancy Due to Unpaid Rent and Absence at Hearing
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who failed to show up for a hearing and had not paid rent. The landlord successfully proved the rent arrears and the tenant was not present to contest the claims.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the termination of their tenancy for non-payment of rent.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and can show that the rent was at least 21 days overdue when the application was made. It also allows termination for substantial damage to the property or assault/threats against the landlord or related individuals.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to rent arrears and the tenant's failure to attend the hearing. The landlord attended by telephone and provided proof of rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5223811
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
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], at 12pm on 6 June 2025.
2. [COMPANY] is to pay the bond of $1,980.00 (6505805-001) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $4,081.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 29 May 2025 $6,034.29 Filing fee reimbursement $27.00 Total award $6,061.29 Bond $1,980.00 Total payable by Tenant to Landlord $4,081.29
Reasons:
1. The Landlord attended the hearing by telephone. The Tenant did not attend by video or answer the telephone call made by the Tribunal. The Tenant had
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sought an adjournment prior to the hearing however this was not approved because no evidence was received by the Tenant in respect of his request.
2. The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
3. 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.
4. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
5. As [COMPANY] has wholly succeeded with the claim the Tenant must reimburse the filing fee.
A Aiolupotea 31 May 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 rent records proving the amount owed.
- The tenant did not attend the hearing despite being notified.
- The rent was at least 21 days in arrears when the application was filed.
- The tenant did not provide any evidence to support their request for an adjournment.
❌ Tends to be rejected
- The tenant sought an adjournment but did not provide any evidence to back it up.
- The tenant failed to show up for the hearing, even though they were informed.
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 tenancy of the tenant due to unpaid rent and the tenant's absence at the hearing.
What was the dispute about?
The dispute was about whether the tenant owed rent arrears and whether the tenancy should be terminated.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not attend the hearing and had not paid rent for over 21 days.
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 most important argument was the landlord's proof of rent arrears and the tenant's failure to attend the hearing.
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 ensure they attend all hearings and pay their rent on time to avoid having their tenancy terminated.
What evidence or documents mattered?
The rent records provided by the landlord and the tenant's absence at the hearing were the key pieces of evidence.