Tenant's Failure to Attend Hearing Results in Tenancy Termination
📌 In brief
The Tenancy Tribunal at Invercargill terminated the tenancy of a tenant who did not show up for the hearing. The tenant was ordered to pay rent arrears and the filing fee was reimbursed to the landlord. The decision was based on the tenant's absence and the landlord's application for termination of the tenancy and rent arrears.
⚖️ Legal holding
A tenant's failure to attend a hearing results in the dismissal of their application.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies. It also covers situations where a tenant causes significant damage or threatens the landlord or others.
This rule outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering a party to give up possession of premises, or ordering a party to pay money.
This rule states that if a party receives proper notice of a hearing but does not attend, the Tenancy Tribunal can still hear and decide the matter, dismiss it, or postpone it without that party present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal at Invercargill terminated the tenancy of a tenant who failed to attend the hearing. The tenant was ordered to pay rent arrears and the filing fee was reimbursed to the landlord. The decision was based on the tenant's absence and the landlord's application for termination of the tenancy and rent arrears.
📚 Full judgment Official document
__________________________________________________________________________________ 5265559 1
[2025] NZTT 5265559, 5260122
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], Merrivale, 2, Otautau 9682
ORDER
1. The tenancy of [NAME] at [ADDRESS], Merrivale, 2, Otautau 9682 is terminated, and possession is granted to [NAME], at 5pm Tuesday 3 June 2025.
2. [NAME] is to pay the sum of $3,048.43 to [NAME] immediately as outlined in the table below.
3. The application filed by [NAME] is dismissed.
Description Rent arrears up to 3 June 2025.
Landlord $3021.43
Tenant
Filing fee reimbursement $27.00 Total award $3,048.43 Total payable by Tenant to Landlord $3,048.43
Reasons:
1. [NAME] failed to attend the hearing. [NAME] appeared in person together with his wife.
2. Before me today is a cross application. [NAME] filed for termination of the tenancy and the following day [NAME] filed for compensation for the driveway.
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3. [NAME] did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 in relation to his claim.
4. Therefore, I am required to dismiss his application and do so accordingly.
5. The landlord, [NAME] has applied for termination of the tenancy and rent arrears.
6. The background to this case is that [NAME] commenced employment with [NAME] on a farm on the 2 August 2024. However, [NAME] was unable to work from the 1 November 2024. His employment eventually came to an end on 8 May 2025 following a restructure. Given he was not going to return to work his tenancy also came to an end. However, [NAME] has refused to vacate the property and continues to reside in the home.
7. [NAME] was advised that his rent was increasing given he was refusing to leave and given he was no longer working he was no longer eligible for the low cost of the rent. Whilst it appears that the tenant vacated on the 26 May there is still belongs and a clean up required of the property. The landlord correctly applied to the Tribunal to terminate.
8. On the evidence submitted I am satisfied that the rent was at least 21 days in arrears on the date the application was filed. The tenancy is therefore terminated immediately. See section 55(1)(a) Residential Tenancies Act 1986.
9. I am satisfied that the amount owing at the end of the tenancy.
10. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
S Munro
03 June 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 successfully applied for termination of the tenancy due to the tenant's refusal to vacate the property.
- The landlord proved that the rent was at least 21 days in arrears when the application was filed.
- The landlord showed that the tenant failed to attend the hearing, leading to the dismissal of the tenant’s application.
❌ Tends to be rejected
- The tenant failed to attend the scheduled hearing, resulting in the dismissal of their application.
- The tenant did not provide any evidence or explanation for their failure to attend 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 tenancy and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about the termination of the tenancy and the payment of rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay rent arrears because the tenant failed to attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 55(1)(a), 78(1)(i), and 92(1) were applied.
What was the argument that mattered most?
The most important argument was the tenant's failure to attend the hearing, which led to the dismissal of their application.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the initial application.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all hearings to avoid having their application dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.