Tenant's Absence Leads to Tenancy Termination Due to Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant did not show up for the hearing and had not paid rent for over 21 days. The landlord received payment for the overdue rent and water bills.
⚖️ Legal holding
A tenant's failure to attend a hearing allows the termination of the tenancy due to rent arrears under the Residential Tenancies Act 1986.
📖 Technical summary
The tenancy was terminated due to rent arrears and the tenant's failure to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and the tenant's failure to attend the hearing. The landlord was awarded $7,586.34 for outstanding rent and water rates.
📚 Full judgment Official document
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[2026] NZTT 5487710
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. The tenancy of [NAME_1] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on 4 June 2026.
3. [NAME_1] must pay [The landlord/s] $7,586.34 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 4 June 2026 $9,630.00 Water rates to 1 May 2026 $468.34 Filing fee reimbursement $28.00 Total award $10,126.34 Bond $2,540.00 Total payable by Tenant to Landlord $7,586.34
4. [COMPANY_2] is to pay the bond of $2,540.00 ([Bond number suppressed])
to [The landlord/s] immediately.
Reasons:
1. The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
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2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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 (RTA).
4. The landlord provided rent and water records that prove the amounts owing of $9,630.00 for rent through to 4 June 2026 and $468.34 for water rates through to 1 May 2026.
5. Because [The applicant/s] has wholly succeeded with the claim I must also reimburse the filing fee.
[NAME_3] 04 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:
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay the landlord $7,586.34 for rent arrears and water rates.
What was the dispute about?
The dispute was about unpaid rent and water bills, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant failed to attend the hearing and the rent was at least 21 days in arrears.
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 most important argument was the tenant's failure to attend the hearing and the fact that rent was at least 21 days in arrears.
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?
For tenants, regularly paying rent and attending hearings is crucial to avoid having their tenancy terminated.
What evidence or documents mattered?
The judgment mentions rent and water records proving the amounts owing.