Tenant's Non-Appearance Leads to Landlord's Possession Order
📌 In brief
In this case, the Tenancy Tribunal awarded the landlord possession of the property because they had given the tenant a proper notice to leave and the tenant didn't show up for the court hearing.
⚖️ Legal holding
A landlord is entitled to possession of the premises if they provide a valid 90-day notice and the tenant does not attend the hearing.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord if the tenant believes the landlord gave the notice because the tenant complained or tried to use their rights. The tenant must apply to the Tribunal within 14 working days of getting the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The landlord was granted possession of the premises following a valid termination notice.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord after a valid termination notice was served and the tenant did not attend the hearing.
📚 Full judgment Official document
OUTCOME: Allowed
__________________________________________________________________________________ 5503865 1
[2026] NZTT 5503865
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [The landlord/s] is granted possession of the premises at Unit/[ADDRESS], [POSTCODE] immediately.
Reasons:
1. Only the landlord attended the hearing.
2. Ms [RESPONDENT] did not join the video hearing and could not be contacted by telephone.
3. The landlord has applied for possession of the premises following the termination of the tenancy.
4. The tenancy ended on 16 April 2026 when it was terminated by a valid 90 day notice, which the landlord hand delivered to the property on 16 January 2026.
5. 16 April 2026 is less than 90 days ago.
6. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
7. The landlord is to deliver a copy of this order to the premises this afternoon.
__________________________________________________________________________________ 5503865 2
8. The landlord’s application is successful therefore the request for name suppression is approved.
[NAME] 08 June 2026
__________________________________________________________________________________ 5503865 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, 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/
__________________________________________________________________________________ 5503865 4
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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Claimant wins rent dispute: Tenant ordered to pay $7,856.15
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Eviction
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Rules: Tenant Must Clean Premises Before Leaving
- Tenancy Tribunal Tenant's Failure to Return Constitutes Abandonment
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenant Must Tidy Lawns or Pay $1,000 - Tenancy Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant is liable for rent arrears, utility charges, and damage costs when breaching tenancy obligations at lease end.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal granted the landlord possession of the premises.
Who was involved?
A landlord and a tenant were involved in the dispute.
How did the court decide, and why?
The court decided that since the landlord had given proper notice and the tenant didn't attend the hearing, the landlord could take possession of the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was used to determine the outcome.
What was the argument that mattered most?
The fact that the tenant did not attend the hearing and there was a valid termination notice was crucial.
Was the decision for or against the person who brought the case?
It was in favour of the landlord, who initiated the proceedings.
What does this mean for someone in a similar situation?
If you are a tenant and receive a proper termination notice, it's important to attend any hearings or respond appropriately.
What evidence or documents mattered?
The valid 90-day termination notice was key evidence.
Can a decision like this be appealed?
Yes, but only if there is new evidence or substantial wrong that occurred during the hearing.
Is it worth getting a lawyer for a case like this?
It's advisable to seek legal advice from a qualified lawyer for specific guidance.