Tenant ordered to pay $1,542.71 in rent arrears and vacate property immediately
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $1,542.71 in rent arrears and vacate the property immediately. The tenant was not present at the hearing and was not residing at the property.
⚖️ Legal holding
A tenant must pay rent arrears and vacate the premises when the tenancy is terminated.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the landlord applies and the rent is at least 21 days overdue when the application was made. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent/other occupiers.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and granted immediate possession to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $1,542.71 in rent arrears and vacate the property immediately. The tenant was not present at the hearing and was not residing at the property.
📚 Full judgment Official document
__________________________________________________________________________________ 5224731 1
[2025] NZTT 5224731
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,542.71 immediately, being rent arrears to 9 May 2025 and reimbursement of the filing fee.
Description Landlord Rent arrears $1,515.71 Filing fee reimbursement $27.00 Total award $1,542.71 Total payable by Tenant to Landlord $1,542.71
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated at 12.00pm on Friday 9th May 2025 and immediate possession is granted to [COMPANY].
Reasons:
1. The landlord attended the hearing, the tenant did not attend. The tenant is presently not residing at the property.
2. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
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.
__________________________________________________________________________________ 5224731 2
4. As the tenant is not residing at the property and it is empty, the tenancy is terminated immediately, and possession granted to the landlord. The tenancy terminates at 12.00pm on Friday 9th May 2025.
5. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
6. The landlord provided rent records which prove the amount of $1515. 71 owing at the end of the tenancy, on 9th May 2025.
7. I am satisfied that the landlord has proven their claim for rent arrears.
8. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME] 09 May 2025
__________________________________________________________________________________ 5224731 3
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/
__________________________________________________________________________________ 5224731 4
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 tenant owed rent because the rent was more than 21 days overdue when the application was filed.
- The tenancy was terminated immediately because the tenant was not living at the property and it was empty.
- The landlord provided rent records that showed the specific amount of rent arrears owed.
- The landlord's claim for rent arrears was proven to the satisfaction of the tribunal.
- The landlord was reimbursed for the filing fee because they completely succeeded with their claim.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay $1,542.71 in rent arrears and vacate the property immediately.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and vacate the property.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and vacate the property immediately because the tenant was not residing at the property and had not paid the rent.
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 argument that mattered most was that the tenant was not residing at the property and had not paid the rent.
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 pay their rent on time and respond to any notices from the landlord.
What evidence or documents mattered?
The landlord provided rent records which proved the amount owing.