Tenancy Terminated Due to Abandonment and Rent Arrears

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[2025] NZTT 5184731

TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], Karapiro, RD 4, Cambridge 3496

ORDER

1. The tenancy of [NAME] at [ADDRESS], Karapiro, RD 4, Cambridge 3496, is terminated, and possession is granted to [COMPANY] at 11.59 pm on Tuesday, 25 March 2025.

2. The [COMPANY] is to pay the bond of $27.00 (BN-00041811) to [COMPANY] immediately.

3. [NAME] must pay [COMPANY] $27.00 immediately, calculated as shown in the table below:

Description Landlord Filing fee reimbursement $27.00 Total award $27.00 Bond $2,000.00 Total payable by Tenant to Landlord $1,973.00

Reasons:

1. [NAME], the director of the landlord company, attended the hearing via teleconference.

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2. The tenant, [NAME] did not attend. I called his cell phone number (as provided on the landlord’s application) twice but was unsuccessful in reaching him. I left two voicemail messages.

Background of the Application

3. [NAME] alleges that [NAME] abandoned the property and owes rent arrears.

4. The landlord has applied for termination of the tenancy on grounds of abandonment, rent arrears, and a refund of the bond.

Introduction

5. According to [NAME] and Ms. D were partners who jointly signed the tenancy agreement. The tenancy was for a fixed-term tenancy for a year from 25 October 2024 to 25 October 2025.

6. Although this application names only [NAME] as the tenant, the signed tenancy agreement includes the co-tenant, Ms. D.

7. I refer to the co-tenant as "Ms. D" because she was a victim of family violence at the property and is not a party to the present application.

Circumstances Leading to the Application

8. Based on [NAME]’s evidence, the circumstances of [NAME]’s alleged abandonment are as follows:

a. Final Communication: [NAME] last contacted [NAME] via text on 22 February 2025 at about 4:00 AM, confirming a meeting scheduled for 10:00 AM on 23 February 2025 to discuss unresolved property damage and rent arrears. He failed to attend and ceased all further communication (calls, texts, or emails).

b. Key Surrender: The co-tenant, Ms. D, served a Notice of Withdrawal from Tenancy on 26 February 2025 (effective 28 February 2025) on family violence grounds under Section 56B of the Residential Tenancies Act (RTA). She retained the sole key until 28 February 2025, when she left it in the property upon vacating. [NAME] confirmed that [NAME] had no means of re-entry afterward, as he lacked a key or vehicle.

Should the tenancy be terminated?

9. 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

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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.

10. [NAME] submitted that [NAME] had not returned to the property since 23 February 2025 and had ceased all contact. Given Ms. D’s formal withdrawal on 28 February 2025, I find this date marks the abandonment, as it was the point when [NAME]’s absence became unequivocal (no key, no communication, and no remaining co-tenant).

11. Accordingly, I conclude that the landlord became aware (or ought to have been aware) of the abandonment on 28 February 2025.

12. Since the premises have been abandoned and rent remains unpaid, the tenancy is terminated immediately.

How much does the tenant owe?

13. [NAME] provided rent records showing $2,500 in arrears as of 27 February 2025. This amount is jointly owed, as Ms. D had not yet withdrawn from the tenancy.

14. Under Section 61(3)(a) of the RTA, [NAME] is liable for three weeks of rent (28 February – 20 March 2025) after he abandoned the property on 28 February 2025.

15. However, because Ms. D withdrew from the tenancy on 28 February 2025, under Sections 56B(3)(d) and (5) of the RTA, [NAME] is liable for half the rent ($250/week) for two weeks (28 February – 13 March 2025).

16. Summary of Liability:

a. Joint Liability ([NAME] & Ms. D): $2,500 (unpaid rent up to 27 February 2025).

b. Mr [NAME] was liable for unpaid rent after the abandonment of $1,000. This $1,000 consists of:

i. $500: ($250/week for reduced rent as the remaining tenant, 28 February – 13 March 2025).

ii. $500 per week from 14 March to 21 March 2025.

17. This calculation may not be easy to understand because Ms. D is not a party to this application.

18. [NAME] indicated she intends to file a new application seeking compensation for damages caused during the tenancy, for which both tenants are liable.

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Bond Refund Considerations

19. Initially, I considered releasing the bond to [NAME]. However, upon further review, I am concerned that doing so may be unfair to [NAME], as Ms. D (who is jointly liable for rent arrears up to 27 February 2025) is not a party to this proceeding.

20. Therefore, I now consider the bond (except the filing fee) should remain with the [COMPANY] until [NAME]’s new compensation application is filed and heard.

21. I urge [NAME] to include Ms. D in any future compensation claim, as Ms. D is jointly liable for the damage and rent prior to her withdrawal from the tenancy on 28 February 2025.

[NAME] abandon the premises without reasonable excuse?

22. A tenancy is abandoned if a tenant leaves without reasonable excuse, fails to notify the landlord, and shows no intent to return or meet obligations.

23. If a tenant abandons the premises while rent is in arrears, this constitutes an unlawful act, and exemplary damages (up to $1,500) may apply under Section 61(5) and Schedule 1A of the RTA.

24. Based on the evidence, I am not satisfied that [NAME] abandoned the property without reasonable excuse. My reasons are:

a. On 22 February 2025, [NAME] confirmed a meeting with [NAME] to address issues regarding property damage and overdue rent.

b. Mr [NAME]’s absence on 23 February 2025 remains unexplained—it’s possible that police intervention prevented his return. Another possibility is that Mr [NAME] chose to abandon the property. I have no evidence pointing in either direction.

c. On 28 February 2025, Ms. D surrendered the key, leaving [NAME] unable to re-enter.

d. While overdue rent and lack of communication may suggest abandonment, family violence may have hindered Mr [NAME]’s return.

e. Without access to the key (held by Ms. D), [NAME] could not re-enter the property.

25. There is insufficient evidence to determine whether [NAME] abandoned the property without reasonable excuse.

26. Accordingly, I dismiss the allegation that Mr [NAME] abandoned the property without reasonable excuse.

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Filing fee

27. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

M Kan

25 March 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: