Tenancy Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenants because they abandoned the property and did not pay the rent. The decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's failure to meet their obligations and abandon the premises allows for termination of the tenancy under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord asks them to, and the Tribunal is convinced that the tenant has left the property for good and owes rent. If the tenancy is ongoing (a periodic tenancy), the Tribunal will also figure out when the landlord first knew or should have known the tenant had abandoned the property. Even if a tenant abandons the property, they are still responsible for paying rent for a certain period.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to abandonment and unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the respondents due to abandonment and unpaid rent, applying section 61 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5245232
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as Agent for [COMPANY], at 4.30pm on Tuesday 20 May 2025.
2. The [COMPANY] is to pay the bond of $3,040.00 (5199347-012) to [COMPANY] as Agent for [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] as Agent for [COMPANY] $3,082.21 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 22 May 2025 $3,004.34 Water rates $366.93 Rubbish removal $998.94 Cleaning and garden work $529.00 Repairs $149.50 Reletting costs $1,046.50 Filing fee reimbursement $27.00 Total award $6,122.21 Less bond $3,040.00
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Total payable by Tenant to Landlord $3,082.21
Reasons:
1. The hearing was conducted by telephone. Only the landlord’s representative attended. Calls to the tenants at the time of the hearing were not answered. I am satisfied that the tenants have been served with the application, the Notice of Hearing and with details of the landlord’s claims. It seems that the tenants have returned to Thailand. I therefore proceeded with the hearing.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation, and payment of the bond. The tenancy is for a fixed term until 17 October 2025.
Termination
3. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 of the Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse not intending to return or to meet their obligations.
4. On 22 April 2025 the tenants messaged the landlord and said that they had moved out of the premises. The landlord inspected and found that the tenants had moved all their belongings out of the premises and there was no sign of occupation.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
Rent
6. The landlord provided rent records to prove the amount owing to 22 May 2025 as ordered. The premises have not been relet and so rent arrears will continue to accrue.
Compensation
7. The tenants were required to pay the water rates but failed to do so in full. The landlord produced evidence of the rates outstanding, and I have awarded that amount.
8. The landlord has incurred reletting costs because of the tenants’ early departure. They consist of $172.50 advertising costs and $874 for the property
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manager’s costs associated with reletting the premises. I find those charges to be reasonable and so I have awarded them.
9. The tenants were required to keep the premises reasonably clean and tidy and remove all rubbish from the premises. They failed to do so and so I have awarded the costs of cleaning, garden work and rubbish removal.
10. The sums awarded were proved by the production of photographs and invoices.
11. The tenants must not carelessly or intentionally damage the premises.
12. There was some damage to cupboards and a shower waste at the premises during the tenancy and the tenants have not disproved liability for it. The sum awarded was proved by the production of photographs and a quotation.
Filing Fee
13. The landlord has been successful and so I have awarded the filing fee.
Bond
14. The bond will be paid to the landlord and the tenants must pay the remaining liability.
[NAME] 20 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 [NAME] 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 tenants abandoned the premises without returning or meeting their obligations.
- Rent arrears were present at the time of the hearing.
- The landlord provided proof of water rates not paid by the tenants.
- Reasonable reletting costs were awarded to the landlord due to the tenants' early departure.
- Cleaning and garden work costs were awarded due to the tenants failing to maintain the premises.
❌ Tends to be rejected
- The tenants did not provide any counter-evidence or attend the hearing.
- The tenants did not dispute the liability for damages to the cupboards and shower waste.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to abandonment and unpaid rent.
What was the dispute about?
The landlord claimed the tenancy should be terminated because the tenants abandoned the property and did not pay the rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenants left the property without paying the rent and did not intend to return or meet their obligations.
Which laws or rules were applied?
Section 61 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most important argument was that the tenants abandoned the property and did not pay the rent, which allowed for the termination of the tenancy.
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 abandon the property and do not pay the rent.
What evidence or documents mattered?
Evidence included rent records, inspection reports, and communication messages between the landlord and tenants.