Tenancy Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a lease because the tenants left without telling the landlord and didn't pay their rent. This decision followed rules in the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's failure to notify the landlord of their intention to leave constitutes abandonment under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If the tenancy is ongoing (a periodic tenancy), the Tribunal will figure out when the landlord first knew or should have known the tenant had left, and include that date in the order. A tenant who leaves the property is still responsible for paying rent for a certain period, even if other laws might suggest otherwise.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to abandonment and rent arrears.
📜 Headnote Official document
The tenancy of the respondent was terminated by the Tenancy Tribunal due to abandonment and rent arrears. The landlord applied for termination under section 91AA, and the tribunal found that the tenant had abandoned the premises without reasonable excuse.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5514120
TENANCY TRIBUNAL AT
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted] [APPELLANT]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] [NAME] and [NAME] [NAME] [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [APPELLANT], immediately.
Reasons:
2. The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA of the Residential Tenancies Act 1986 (RTA).
Are there grounds for an expedited application?
3. I am satisfied that the two requirements for the expedited process are met:
a. The tenant does not want to contest the abandonment application; and
b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).
Should the tenancy be terminated?
4. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. (See section 61 of the
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RTA.) A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
5. On 27 April 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This was the date that the landlord inspected the premises. The landlord has provided photographs of this inspection. These photographs show that it is more likely than not that the tenant has abandoned the premises.
6. The landlord has also provided rent records which prove the amount owing at today’s date.
7. As the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
[NAME]
01 June 2026
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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 [NAME], 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tribunal Orders Tenant to Clean Property or Face Penalties
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fees in Tenancy Dispute
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenancy Terminated Due to Tenant’s Absence at Hearing
- Tenancy Tribunal Tenancy Tribunal Ends Lease for Unpaid Rent
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears Before Vacating Property
- Tenancy Tribunal Landlord Granted Possession After Tenant's Abandonment
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's compliance with payment obligations, attending scheduled hearings to prove their claims, and adhering to correctly served notices of rent increases under the Residential Tenancies Act 1986 tend to lead to decisions in favor of the claimant.
❌ Tends to be rejected
- A tenant's failure to attend a hearing or notify the landlord of their intention to leave, resulting in abandonment or dismissal of their application, tends to result in decisions against the claimant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to terminate the tenancy due to abandonment and unpaid rent.
Who was involved?
The landlord applied for termination, and the tenants were the respondents.
How did the court decide, and why?
The tribunal found that the tenant abandoned the property without a reasonable excuse and failed to notify the landlord.
Which laws or rules were applied?
Sections 91AA and 61 of the Residential Tenancies Act 1986 were used in the decision.
What was the argument that mattered most?
The tenant's failure to inform the landlord about leaving and not paying rent was crucial.
Was the decision for or against the person who brought the case?
It was for the landlord, as the tenancy was terminated.
What does this mean for someone in a similar situation?
If tenants abandon their rental without notice and don't pay rent, landlords can terminate the lease.
What evidence or documents mattered?
Photographs of the property inspection and rent records were important.
Can a decision like this be appealed?
Yes, but only if there's substantial wrong or new evidence available within five working days.
Is it worth getting a lawyer for a case like this?
It is recommended to seek legal advice from a qualified lawyer.