Tenancy Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they abandoned the premises and left unpaid rent arrears. The Tribunal ruled that since the tenant left without returning and failed to pay rent, the tenancy was terminated.
⚖️ Legal holding
A tenant's tenancy can be terminated where the premises have been abandoned and rent is in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If the tenancy is ongoing (periodic), the Tribunal will also try to figure out when the landlord first knew or should have known the tenant had left. 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 rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and unpaid rent arrears. The Tribunal found that the premises had been abandoned and rent was in arrears, thus terminating the tenancy immediately.
📚 Full judgment Official document
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[2025] NZTT 5215951
TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As [COMPANY], immediately.
2. [NAME] must pay [COMPANY] As [COMPANY] $1,261.44 immediately, calculated as shown in the table below:
3. [NAME] must pay [COMPANY] As [COMPANY] $1,261.44 immediately, being rent arrears to today’s date.
4. The Bond Centre is to pay the bond of $2,680.00 (BN-00029484) to [COMPANY] As [COMPANY] immediately.
Description Landlord Tenant Rent arrears $3,848.57 Water rates $92.87 Total award $3,941.44 Bond $2,680.00 Total payable by Tenant to Landlord $1,261.44
__________________________________________________________________________________ 5215951 2
Reasons:
1. The Landlord attended the hearing. [NAME] did not pick up the call when contact was attempted on two occasions.
2. The landlord has applied for possession of the premises following the abandonment of the tenancy.
Should the tenancy be terminated?
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 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, and fails to notify the landlord.
4. On 27 March 2025 the landlord became aware the tenant had abandoned the premises. This was confirmed by the police who conducted a welfare check after the landlord raised concerns.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice. This totals $3848.57, and $92.87 for water rates
7. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
[NAME]
29 April 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 abandoned the premises without reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The landlord provided proof of rent arrears through rent records.
- Police confirmed the tenant had abandoned the premises.
❌ Tends to be rejected
- The tenant did not attend the hearing to contest the claims.
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 tenancy of the tenant due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant abandoning the premises and leaving unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the premises were abandoned and rent was in arrears, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 61, was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were abandoned and rent was in arrears.
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?
For someone in a similar situation, if they abandon the premises and leave unpaid rent arrears, their tenancy may be terminated.
What evidence or documents mattered?
The rent records provided by the landlord proved the amount owing at the end of the tenancy.