Tenant ordered to vacate and pay rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to vacate the boarding house room and pay rent arrears after the tenant did not attend the hearing and the landlord proved the amount owing.
⚖️ Legal holding
A tenant must vacate the premises and pay rent arrears if they fail to respond to a termination notice and the landlord proves the amount owing.
📖 Technical summary
The Tenancy Tribunal granted possession of a boarding house room to the landlord and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal granted possession of a boarding house room to the landlord and ordered the tenant to pay rent arrears after the tenant failed to respond to a termination notice and the landlord proved the amount owing.
📚 Full judgment Official document
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[2025] NZTT 5128992
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted] Incorporated
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room B2, [ADDRESS], [POSTCODE], Wellington Islamic Centre
ORDER
1. The International Muslim Association Of New Zealand Incorporated is granted possession of the boarding house room and all facilities of the boarding house at Room B2, [ADDRESS], [POSTCODE], Wellington Islamic Centre at 11.59 pm on Monday 10 March 2025.
2. [NAME] must pay The International Muslim Association Of New Zealand Incorporated $3,955.57 immediately as set out in the table:
Description Landlord Tenant Rent arrears to 10 March 2025 (includes the deposit) $3,928.57 Filing fee reimbursement $27.00 Total award $3,955.57 Total payable by Tenant to Landlord $3,955.57
Reasons:
1. The landlord attended the hearing. The tenant was properly served by post and did not attend the hearing.
2. The landlord has applied for possession of the premises occupied by the tenant.
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3. I find the tenant is living in a boarding house room in a boarding house.
4. The landlord gave the tenant notice terminating the tenancy on 23 December 2024 and the tenant has not quit the premises within the period specified in the notice. I note that a boarding house landlord can end a tenancy with 48 hours notice if rent is in arrears. See section 66Y Residential Tenancies Act 1986.
5. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I have taken the deposit of one weeks rent into account when calculating the rent arrears.
6. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
10 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 attended the hearing, while the tenant did not, despite being properly served.
- The landlord properly terminated the tenancy by giving notice, and the tenant did not leave.
- The landlord provided rent records that proved the amount of rent arrears owed.
- The landlord was reimbursed the filing fee because they fully 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 Tenancy Tribunal ordered the tenant to vacate the boarding house room and pay rent arrears.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and 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 did not attend the hearing and the landlord proved the amount of rent arrears owed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 66Y, was applied.
What was the argument that mattered most?
The most important argument was that the landlord had provided proof of the rent arrears and the tenant had not responded to 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 respond to termination notices and provide evidence if disputing the amount of rent arrears.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears owed.