Tenant Loses Tenancy Over Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they didn't pay their rent on time and didn't show up for the hearing. The landlord got back part of the bond minus the rent owed.
⚖️ Legal holding
A tenant who fails to attend a hearing and has outstanding rent arrears loses their tenancy and bond.
📖 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 a tenant causes significant damage to the property or assaults the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the landlord was awarded the bond minus outstanding rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to unpaid rent arrears and the tenant's failure to attend the hearing. The landlord was awarded the bond minus the outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5222731
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 11.59 pm on Sunday 27 April 2025.
2. The [COMPANY] is to pay $1,487.00 from the bond of $1,840.00 to [COMPANY] immediately.
3. The balance of the bond of $353.00 is to remain at the [COMPANY].
4. [COMPANY] has lawful possession of the premises, they must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
5. The landlord shall dispose of the other goods left at the premises by the tenant by selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and disposing of all goods with no saleable value as the landlord sees fit.
6. [COMPANY] must pay the proceeds of any sale to the [COMPANY] together with a copy of this order.
Description Landlord Tenant Rent arrears to 5 April 2025 $1,460.00 Filing fee reimbursement $27.00 Total award $1,487.00 Bond $1,487.00 $353.00
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
2. The tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and has not requested an adjournment. The hearing was therefore conducted in the tenant’s absence.
3. The landlord has applied for termination of the tenancy, rent arrears, a disposal order and refund of the bond.
4. 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.
5. The landlord provided rent records which prove the amount owing on 5 April 2025 was $1,460.00.
6. The landlord believes the tenant has already left the property. This is based on her observation that nothing has changed at the premises for some time. She was unable to provide any details in support of this assessment.
7. Because of this, the landlord is seeking a disposal order in case the tenant has left their belongings at the premises.
8. If it is not practicable for the landlord to return the goods to the tenant, and some of the goods have a value above the cost of storing, transporting and selling them, the landlord must sell these goods at a reasonable market price.
9. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the [COMPANY]. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
10. The landlord may dispose of any goods that have no saleable value.
11. [COMPANY] has substantially succeeded with the claim I have reimbursed the filing fee.
C Lamdin
24 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 outstanding rent arrears.
- The tenant did not attend the hearing as scheduled.
❌ Tends to be rejected
- There was no evidence that the tenant had left the property, beyond observation.
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 arrears and failure to attend the hearing.
What was the dispute about?
The dispute was over unpaid rent arrears and whether the tenant's tenancy should be terminated.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to pay the rent and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 55(1)(a) and 62(3)(b), were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid the rent and did not 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, as the tenancy was terminated.
What does this mean for someone in a similar situation?
Someone in a similar situation could lose their tenancy if they fail to pay rent on time and do not attend the hearing.
What evidence or documents mattered?
The rent records showing the amount owing were the key evidence used in the decision.