Tenant Loses Tenancy Over Unpaid Rent and Non-Response
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent and ignored notices from the landlord. The tenant now owes the landlord over $900 in unpaid rent.
⚖️ Legal holding
A tenant who fails to pay rent and does not respond to notices can have their tenancy terminated.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end the tenancy. The tenant must apply within 14 working days and argue that the landlord gave the notice because the tenant used their rights or complained about the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to unpaid rent and the tenant's failure to respond to notices.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to pay rent and did not respond to notices sent by the landlord. The Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5085325
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] [COMPANY]
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 [COMPANY] As Agent For [COMPANY], immediately.
2. The Bond Centre is to pay the bond of $1,800.00 (3433810-027) to [COMPANY] As Agent For [COMPANY] immediately.
3. [NAME] must pay [COMPANY] As Agent For [COMPANY] $991.29 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 25 February 2025 $2,764.29 Filing fee reimbursement $27.00 Total award $2,791.29 Bond $1,800.00 Total payable by Tenant to Landlord $991.29
Reasons:
1. The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone call made by the Tribunal.
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2. The landlord has applied for rent arrears, termination of the tenancy for breach of the tenant’s obligations, refund of bond and reimbursement of the filing fee.
How much is owed in rent?
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
Should the tenancy be terminated?
4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
6. The tenant has breached their obligations by failing to pay their rent on time.
7. The landlord served a 14-day notice on the tenant on 26 November 2024 and the tenant did not remedy the breach within the required period.
8. It would be inequitable to refuse to terminate the tenancy because there was a substantial amount of rent arrears and the Tenant was unresponsive to the Landlord.
9. As the Landlord has been wholly successful with their claim, the Tenant shall reimburse the filing fee.
A Aiolupotea
25 February 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 proved the amount of rent owed by providing rent records.
- The tenant failed to pay rent on time, which breached their obligations.
- The landlord served a 14-day notice to remedy the breach, but the tenant did not fix it.
- It was unfair not to end the tenancy due to the significant rent arrears and the tenant's unresponsiveness.
- The landlord was fully successful in their claim, so the tenant must reimburse the filing fee.
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 lease and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about unpaid rent and the tenant's failure to respond to notices.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent and did not respond to notices.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to pay rent and respond to notices.
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 could face termination of their tenancy if they fail to pay rent and respond to notices.
What evidence or documents mattered?
The rent records and the 14-day notice served by the landlord mattered.