Tenant Loses Tenancy Over Rent Arrears and Non-Attendance
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they did not pay their rent on time and did not show up for the hearing. The landlord showed proof of the rent arrears, and the tenant lost the case because they did not attend the hearing or provide any evidence.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated if they fail to pay rent on time.
📖 What the law says
This section states that the Tenancy Tribunal must end a tenancy if the 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 or assault by the tenant.
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 provided proof of the rent arrears, and the tenant did not provide any evidence or attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5236511
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE], Ground floor
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE], Ground floor is terminated, and possession is granted to [NAME] As Trustees For [COMPANY], at 5pm 14th May 2025.
2. [NAME] and [NAME] is to pay the sum of $3,297.00 to [NAME] As Trustees For [COMPANY] as outlined in the table below immediately.
Description Landlord Tenant Rent arrears $3,297.00
$3,297.00
Total payable by Tenant to Landlord $3,297.00
Reasons:
1. The tenants failed to make themselves available for the hearing.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant did vacate the property about two weeks ago.
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 provided rent records which prove the amount owing at the end of the tenancy.
S Munro
14 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 tenants failed to pay rent on time.
- The landlord provided rent records proving the amount owing.
- The rent was at least 21 days in arrears when the application was filed.
❌ Tends to be rejected
- The tenants did not make themselves available for the hearing.
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 tenancy of the tenant due to rent arrears.
What was the dispute about?
The dispute was about whether the tenant should lose their tenancy due to unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not pay rent on time 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 most important argument was the proof of rent arrears provided by the landlord.
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 should ensure they pay their rent on time and attend all hearings related to their tenancy.
What evidence or documents mattered?
The rent records provided by the landlord mattered in this case.