Tenant ordered to vacate and pay rent arrears
📌 In brief
The Tenancy Tribunal ordered the tenant to vacate the premises and pay outstanding rent after the tenant failed to attend the hearing and had not paid their rent arrears.
⚖️ Legal holding
A tenant must vacate the premises and pay outstanding rent when they fail to attend the hearing and have not paid their rent arrears.
📖 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 attend the hearing and had not paid their rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5190943
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 5pm on Friday 21 March 2025.
2. [NAME] must pay [COMPANY] As Agent For [NAME] $1,54.43 immediately, being rent arrears to 21 March 2025
Description Landlord Tenant Rent arrears $1,478.57 Filing fee reimbursement $27.00 Total award $1,505.57 Bond $1,505.57 $1,054.43
Reasons:
1. The tenant failed to make herself available for the hearing.
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2. The landlord has applied for possession of the premises following the termination of the tenancy by way of a ninety day notice. This was issued on 3 December 2025. The tenant has failed to vacate the property. An order for the termination is therefore sought and granted.
3. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
4. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
21 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 tenant failed to attend the hearing.
- The landlord provided rent records proving the amount owed.
- The landlord applied for possession of the premises after issuing a ninety-day notice.
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 premises and pay outstanding rent.
What was the dispute about?
The dispute was about the tenant's failure to pay rent arrears and vacate the premises.
How did the court decide, and why?
The court decided to grant possession to the landlord and order the tenant to pay rent arrears because the tenant failed to attend the hearing and had not paid their rent arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The tenant's failure to attend the hearing and pay rent arrears was the central argument.
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 attend hearings and pay rent arrears to avoid eviction.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.