Tenant Non-Attendance Leads to Immediate Eviction Order
📌 In brief
In this case, the landlord successfully obtained an eviction order from the Tenancy Tribunal after the tenant did not attend a hearing. The tribunal ruled in favour of the landlord due to significant property damage and urgent business needs.
⚖️ Legal holding
An employer may terminate a service tenancy early if they reasonably believe that further damage will occur or urgent replacement is necessary.
📖 What the law says
This section states that a landlord or tenant must generally give 14 days' notice to end a service tenancy if the employment contract has ended. However, if the employment contract ends with less than 14 days' notice, the landlord can give less than 14 days' notice to end the tenancy if they reasonably believe the tenant will cause significant damage to the property.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was granted possession of the premises immediately due to the tenant's non-attendance and substantial damage caused.
📜 Headnote Official document
The claimant was granted immediate possession of the premises due to the tenant's non-attendance and substantial damage caused. The Tribunal found that the provisions for service tenancies allowed for early termination.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5507204, 5514240
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] The [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] [NAME] & [NAME] [NAME] As Trustees For The [COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
2. The hearing is adjourned for consideration of the remaining landlord claims.
3. If either party intends to produce any additional documents at the next hearing, they must send copies to Tenancy Services no later than 5 working days before the hearing.
4. If the landlord has any other claims, they must lodge those claims with Tenancy Services by no later than 5 working days before the hearing.
5. A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me on the next available date.
Reasons:
1. The landlord attended the remote hearing.
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2. The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
3. The landlord has applied for possession of the premises following the termination of the tenancy.
4. This was a service tenancy, the tenant being an employee of the landlord.
5. Section 53 Residential Tenancies Act 1986 (“RTA”) provides;
53 Special provisions for notice terminating service tenancies.
(1) The landlord or the tenant may terminate a service tenancy by giving at least 14 days’ notice if the contract of service or, as the case requires, the contract for services has been terminated or either party has given notice to terminate that contract (subject to subsections (2) to (7).
(2) Where the contract of service or, as the case requires, contract for services is terminated, or the tenant is transferred to another district, on less than 14 days’ notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if –
(a) the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or
(b) it is necessary for the conduct of the landlord’s business where the tenant was employed, that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.
6. The tenant’s employment was terminated following a disciplinary investigation due to drugs being consumed by the tenant or being under the influence of drugs during work hours. The termination letter is dated 8 May 2026 and terminates the employment on that date with the tenancy to end at 5.00 pm on Wednesday 13 May 2026. The tenant remains at the premises.
7. The landlord relies on s.53(2)(a) and (b) RTA.
8. The landlord says that the tenant has already caused substantial damage. The landlord says that the carpet is heavily stained, the curtains are stained and pulled off the rail, a heat pump is broken, the surface to the fireplace is damaged and handle is missing, there are pen marks on the wall and a towel rail has been removed. The landlord believes that further damage will be caused. I find, given the level of damage that has already occurred, that it is reasonable for the landlord to consider that further substantial damage would have been caused if the tenant were permitted to remain for the full 14-day notice period.
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9. The landlord operates a [NAME]. The nearest town is some 20 kilometres away. The hours of operation of the farm are such that a replacement employee needs to be appointed urgently. Accommodation on the farm is an essential requirement for any employee. I consider that the provisions of section 53 RTA allowing for a shorter termination have been made out by the landlord.
10. The tenancy ended on 13 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
11. The amount of time scheduled for this hearing was not enough to address all of the claims and evidence. The hearing of those other matters is adjourned.
12. The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
[NAME] [NAME]
09 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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 [NAME]/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 [NAME]/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.[NAME] https://www.[NAME] http://www.[NAME]
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant's Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenant's Non-Appearance Leads to Landlord's Possession Order
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord was granted immediate possession of the premises.
- The landlord's belief that the tenant would cause further substantial damage was considered reasonable.
- The landlord's business required urgent appointment of a replacement employee.
- Accommodation on the farm was an essential requirement for any employee.
- The special provisions for terminating service tenancies were met by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant was granted immediate possession of the premises.
Who was involved?
A landlord and a tenant who were also employer and employee.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant caused substantial damage and urgent replacement was necessary.
Which laws or rules were applied?
Section 53 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that the tenant had already caused significant property damage and further damage would occur if they stayed mattered most.
Was the decision for or against the person who brought the case?
The decision was in favour of the claimant, the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be able to terminate a service tenancy early if they can show substantial damage or urgent business needs.
What evidence or documents mattered?
Evidence of property damage and the termination letter from employment were important.
Can a decision like this be appealed?
Yes, both parties have the right to appeal within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.