Tenant's Non-Payment Leads to Tenancy Termination

OUTCOME: Allowed

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[2026] NZTT 5487765

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 11.59 pm on Monday 1 June 2026.

2. [RESPONDENT] must pay [COMPANY] As Agent For [NAME] $6,040.86 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 1 June 2026 $6,012.86 Filing fee reimbursement $28.00 Total award $6,040.86 Total payable by Tenant to Landlord $6,040.86

Reasons:

1. The landlord attended the hearing.

2. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.

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3. The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

Termination

4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 1 Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. The tenant breached their obligations by failing to pay the rent as and when it is due and payable under the tenancy agreement.2 The landlord served notice to remedy a breach on the tenant on 7 April 2026. The tenant did not remedy the breach. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.3

5. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

Rent arrears

6. The tenant must pay the rent as and when it is due and payable under the tenancy agreement.4 The landlord provided rent records which prove the amount owing as at the hearing date and I have made an order for rent and rent arrears to the termination date.

Filing fee and suppression.

7. Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. The landlord did not seek name suppression.

[RESPONDENT]

29 May 2026

1 See section 56(1) RTA. 2 See section 40 (1) (a) RTA 3 See sections 55 and 56(2) RTA 4 See section 40 (1)(a) of the RTA.

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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: