Tenant ordered to pay rent arrears and vacate premises
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears after the tenant failed to respond to termination notices and vacate the premises.
⚖️ Legal holding
A tenant who fails to pay rent arrears and does not vacate the premises after receiving termination notices is liable to have their tenancy terminated and to pay outstanding rent.
📖 Technical summary
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay rent arrears after the tenant failed to respond to termination notices and vacate the premises.
📚 Full judgment Official document
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[2025] NZTT 5199854
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room 1, [ADDRESS], [ADDRESS], [POSTCODE], 2
ORDER
1. The tenancy of [NAME] at Room 1, [ADDRESS], [ADDRESS], [POSTCODE], 2 is terminated, and possession is granted to [NAME], at 11.59 pm on Thursday 27 March 2025.
2. [NAME] must pay [NAME] $3,277.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 March 2025 $3,590.00 Filing fee reimbursement $27.00 Total award $3,617.00 Bond held by landlord $340.00 Total payable by Tenant to Landlord $3,277.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the number provided to the Tribunal.
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2. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
3. The landlord has applied for possession of the premises occupied by the tenant.
4. On 30 January 2025 the landlord gave the tenant a notice requiring rent arrears to be paid within ten days. The rent arrears was not paid.
5. On 14 February 2025 the landlord gave the tenant a notice terminating the tenancy. The tenant has not quit the premises within the period specified in the notice. See section 66Y Residential Tenancies Act 1986.
6. The landlord is entitled to an order for possession of the premises. See section 66Y Residential Tenancies Act 1986.
7. Because the landlord has been wholly successful in his application, I must reimburse the filing fee.
C Lamdin
27 March 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 a notice requiring the tenant to pay rent arrears within ten days.
- The landlord then gave a notice terminating the tenancy when the rent arrears were not paid.
- The tenant did not vacate the premises within the specified period after receiving the termination notice.
- The landlord requested an order for possession of the premises due to unpaid rent arrears.
❌ Tends to be rejected
- The tenant did not provide any response or defense during the hearing.
- The tenant did not request an adjournment of the hearing despite being notified.
- The tenant did not pay the outstanding rent arrears as required by the termination notice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about unpaid rent arrears and the tenant's refusal to vacate the premises after receiving termination notices.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not respond to the termination notices and failed to vacate the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 66Y, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had received proper termination notices and had not responded or vacated the premises.
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 respond to termination notices and vacate the premises if they cannot pay rent arrears.
What evidence or documents mattered?
The evidence that mattered included the termination notices and the lack of response from the tenant.