Termination of Tenancy Due to Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they hadn't paid rent and didn't show up for the hearing.
⚖️ Legal holding
A tenant who fails to pay rent and does not attend a hearing can have their tenancy terminated.
📖 Technical summary
The tenancy was terminated due to unpaid rent and the tenant failed to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had not paid rent since moving into the property and did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5199855
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 [NAME], at 11.59 pm on Thursday 15 May 2025.
2. [NAME] must pay [NAME] $7,192.00 immediately, being rent arrears to 15 May 2025 and the filing fee.
Description Landlord Tenant Rent arrears to 15 May 2025 $8,840.00 Filing fee reimbursement $27.00 Total award $8,867.00 Bond Held by the Landlord $1,675.00 Total payable by Tenant to Landlord $7,192.00
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time to the number provided to the Tribunal.
2. The tenant has been served by email which is an address for service on her tenancy agreement.
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3. Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
4. The landlord stated the tenant has not paid any rent since moving into the property.
5. The landlord has applied for termination of the tenancy, rent arrears, the bond and reimbursement of the filing fee.
6. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
C Lamdin
08 May 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 attended the hearing and the tenant did not answer the call.
- The tenant was served notice via email as specified in the tenancy agreement.
- The tenant did not request an adjournment and did not attend the hearing.
- The landlord claimed the tenant had not paid rent since moving in, which was accepted.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for non-payment of rent.
- The tenant did not contest the termination of the tenancy agreement.
- The tenant did not challenge the amount of rent arrears claimed by the landlord.
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 tenant's lease due to unpaid rent and non-attendance at the hearing.
What was the dispute about?
The dispute was about unpaid rent and the tenant's failure to attend the hearing.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had not paid rent and did not attend the hearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was that the tenant had not paid rent and did not attend the hearing.
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 could face termination of their tenancy if they fail to pay rent and do not attend a hearing.
What evidence or documents mattered?
The evidence included the lack of rent payments and the tenant's failure to attend the hearing.