Tenant ordered to vacate and pay rent after failing to comply with termination notice
📌 In brief
The Tenancy Tribunal ruled that the tenant must leave the rental property and pay overdue rent and water bills after failing to move out as instructed by a termination notice.
⚖️ Legal holding
A tenant must vacate the premises and pay outstanding rent and water rates when they fail to comply with a termination notice.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a termination notice if they believe the landlord gave it because the tenant used their rights under the tenancy agreement or law, or made a complaint against the landlord. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and water rates.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord and ordered the tenant to pay outstanding rent and water rates when the tenant failed to vacate the premises after receiving a termination notice.
📚 Full judgment Official document
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[2026] NZTT 5519701
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted] [NAME]
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] As Agent For [NAME], at 5pm on 27 June 2026.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $1,305.36 being rent due up until the 27 June 2026.
Description Landlord Tenant Rent arrears Water rates
$882.86 $394.50
Filing fee reimbursement $28.00 Total award $1,305.36 Total payable by Tenant to Landlord $1,305.36
Reasons:
1. Both parties attended the hearing.
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2. The tenant had received a 90-day notice that was to bring the tenancy to an end on 27 May 2026. The tenant failed to vacate, and the landlord agreed to the extension to terminate on the 27 June. The application before me is to confirm the termination in an order The tenant consents to this.
3. The rent and water rates ordered is taken to the date of termination.
4. The bond is not to be released at this time until the vacate inspection is carried out and costs are known. The reminder of the application for costs is vacated and a new application will be filed if any issues remain after the tenant moves out.
5. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
15 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 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 tenant failed to move out after receiving a 90-day notice to end the tenancy.
- The landlord agreed to extend the termination date after the tenant failed to vacate.
- The tenant agreed to the termination order.
- The landlord was reimbursed the filing fee because they won the 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 vacate the premises and pay outstanding rent and water rates.
What was the dispute about?
The dispute was over the tenant's refusal to vacate the premises after receiving a termination notice.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to comply with the termination notice.
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 comply with the termination notice.
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 comply with termination notices to avoid facing similar consequences.
What evidence or documents mattered?
The termination notice and the tenant's failure to vacate the premises were the key pieces of evidence.