Tenant's Absence Results in Tenancy Termination Due to Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenant's lease due to unpaid rent after the tenant did not show up for a scheduled hearing. The landlord received the bond and part of the overdue rent.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the termination of their tenancy for rent arrears.
📖 What the law says
This rule says that the Tenancy Tribunal must end a tenancy if a landlord applies and the rent was at least 21 days late when the application was made. It also allows termination for substantial damage to the property or assault/threats against the landlord or their family/agents.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the bond was awarded to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears after the tenant failed to attend a scheduled hearing. The landlord was awarded the bond and a portion of the outstanding rent.
📚 Full judgment Official document
__________________________________________________________________________________ 5099168 1
[2025] NZTT 5099168
TENANCY TRIBUNAL - [Event location suppressed]
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 name and identifying details.
2. The tenancy of [NAME] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5:00pm on Monday 3 March 2025.
3. The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $1,987.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 03/03/2025 $4,480.00 Filing fee reimbursement $27.00 Total award $4,507.00 Bond $2,520.00 Total payable by Tenant to Landlord $1,987.00
Reasons:
1. Only the landlord’s representative attended the video hearing today. The tenant could not be contacted by telephone. I continued in his absence as he has been notified of the hearing date and time to his email address for service.
__________________________________________________________________________________ 5099168 2
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. In the absence of the tenant, the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
4. The tenancy terminates at 5:00pm on Monday 3 March 2025.
5. The landlord provided rent records which prove the amount owing at the end of the tenancy as $4,480.00.
6. I award the filing fee.
7. The bond is refunded to the landlord and the balance is payable by the tenant.
8. The landlord’s name is suppressed, as sought.
[NAME] 25 February 2025
__________________________________________________________________________________ 5099168 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided proof of rent arrears through rent records.
- The tenant did not attend the hearing despite being notified.
❌ Tends to be rejected
- The tenant could not be contacted to provide a defense.
- The tenant did not pay off the rent arrears before the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's tenancy due to rent arrears and awarded the landlord the bond and part of the overdue rent.
What was the dispute about?
The dispute was about whether the tenant's tenancy should be terminated due to unpaid rent.
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 that the tenant had not attended the hearing and the rent was significantly overdue.
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 might have their tenancy terminated if they fail to attend a hearing and have significant rent arrears.
What evidence or documents mattered?
The evidence included rent records proving the amount owing at the end of the tenancy.