Tenant's Application for Termination of Tenancy Dismissed
📌 In brief
The Tenancy Tribunal dismissed the tenant's application for terminating the tenancy and taking possession of the premises because the landlord did not show up to the hearing and the tenant had already moved out. The tenant's identity was kept secret.
⚖️ Legal holding
A tenant's application for termination of a tenancy and possession of the premises can be dismissed if the landlord did not attend the hearing and the tenant has already moved out.
📖 What the law says
This rule explains that the Tenancy Tribunal can make various orders, including declaring the rights or obligations of parties, ordering one party to give possession of premises to another, or ordering the delivery of specific items.
This rule allows the Tribunal to proceed with a hearing, dismiss the case, or postpone it if a party who was properly notified does not show up for the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The application for termination of the tenancy and possession of the premises was dismissed.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application for termination of the tenancy and possession of the premises, as the landlord did not attend the hearing and the tenant had already moved out. The tenant's name and identifying details were suppressed.
📚 Full judgment Official document
__________________________________________________________________________________ 5199371 1
[2025] NZTT 5199371
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
2. The application is dismissed.
3. The landlord can take possession of the tenancy premises immediately.
Reasons:
1. The tenant attended the hearing.
2. The landlord was properly notified about the hearing, but he did not attend.
3. The landlord applied for termination of the tenancy, possession of the premises, and rent arrears. The landlord’s application is dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA).
4. The tenant has moved out of the tenancy premises and no longer needs access to the premises. The landlord can take possession immediately.
5. I note the landlord cannot bring another application for any rent arrears owed to 3 April 2025 because this claim has been dismissed.
__________________________________________________________________________________ 5199371 2
6. I have used my discretion and allow suppression for the tenant. This is because no orders have been made against him and it could be prejudicial to future tenancies if he is named in an order. See section 95A RTA.
7. The tenant has been advised to file an application with Tenancy Services for the refund of the bond.
[NAME] 03 April 2025
__________________________________________________________________________________ 5199371 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 tenant has already moved out of the premises.
- The landlord did not attend the hearing despite proper notification.
❌ Tends to be rejected
- The landlord applied for termination of the tenancy and possession of the premises.
- The landlord claimed rent arrears up to 3 April 2025.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the tenant's application for terminating the tenancy and taking possession of the premises.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy and take possession of the premises.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not attend the hearing and the tenant had already moved out.
Which laws or rules were applied?
Sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The fact that the landlord did not attend the hearing and the tenant had already moved out was the most important argument.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also have their application dismissed if the landlord does not attend the hearing and the tenant has already moved out.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.