Tenant's Tenancy Terminated for Breach of Agreement
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant did not live in the unit as agreed. The Tribunal noted that the tenant was in prison and would not be able to return to the unit until November 2026.
⚖️ Legal holding
A tenant is entitled to remain in the premises until they breach their obligations and fail to remedy the breach within the required period.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant used their rights or complained about the landlord. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to reside at the premises as required by the tenancy agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who failed to reside at the premises as required by the tenancy agreement. The Tribunal found that the tenant had breached their obligations and had not remedied the breach within the required period.
📚 Full judgment Official document
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[2025] NZTT 5248094
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59pm on Thursday 5 June 2025.
2. [NAME] must pay [COMPANY] $1,441.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears as at 5 June 2025 $1,441.14 Total award $1,441.14 Total payable by Tenant to Landlord $1,441.14
Reasons:
1. This application was scheduled to be heard by teleconference. I understand that the tenant is currently in Auckland South Corrections Facility. I accept that notice of hearing was sent to the Corrections facility but that no arrangement was made by the tenant to attend today’s hearing. The hearing therefore proceeded in his absence.
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2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
3. 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. See section 56(1) Residential Tenancies Act 1986.
4. 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.
5. The tenant has breached their obligations by failing to reside at the premises as required by clauses 14 and 15 of the tenancy agreement.
6. The landlord served a 14-day notice on the tenant on 3 April 2025, and the tenant did not remedy the breach within the required period.
7. It would be inequitable to refuse to terminate the tenancy because the information I have received is that the tenant’s release date is November 2026 and that if he was granted parole at an earlier date, he would not be permitted to reside at this tenancy.
Rent arrears
8. The landlord provided rent records which show that as at today’s date $1441.14 is owed in rent.
9. The tenant is required to pay this amount. He remains liable for rent because to date there has been no communication with the landlord regarding terminating the tenancy and the landlord has had to wait for a Tribunal Order to end it.
C ter Haar
05 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 tenant failed to reside at the premises as required by the tenancy agreement.
- The landlord served a 14-day notice to the tenant who did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy given the tenant's release date is November 2026.
❌ Tends to be rejected
- The tenant did not provide any reason or evidence to prevent the termination of the tenancy.
- The tenant did not communicate with the landlord regarding terminating the tenancy before the tribunal order.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy and ordered the tenant to pay rent arrears.
What was the dispute about?
The dispute was about whether the tenant had breached the tenancy agreement by not residing at the premises.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had breached the agreement and had not remedied the breach within the required period.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had breached the tenancy agreement and had not remedied the breach within the required period.
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 should ensure they comply with the terms of their tenancy agreement, especially if they are unable to reside at the premises.
What evidence or documents mattered?
The rent records showing the tenant's arrears and the notice served by the landlord were important pieces of evidence.