Tenancy Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant abandoned the property and owed rent arrears. The Tribunal determined that the tenant had left the premises without a valid reason and was responsible for paying rent until the end of the fixed term.
⚖️ Legal holding
A tenant who abandons the premises is liable for rent up to the end of the fixed term.
📖 What the law says
This section 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. It also states that a tenant who abandons the property is 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 a tenant who abandoned the premises and owed rent arrears. The Tribunal found that the tenant had abandoned the premises and was liable for rent up to the end of the fixed term.
📚 Full judgment Official document
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[2025] NZTT 5130408
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] has terminated.
2. The Bond Centre is to pay the bond of $2,800.00 (6520495-005) to [COMPANY] For [NAME] immediately.
3. [NAME] must pay [COMPANY] For [NAME] $1,127.00 immediately, calculated as shown in the table below:
Description Landlord Rent arrears (to 27 January 2024) $3,800.00 Carpet Cleaning $100.00 Filing fee reimbursement $27.00 Total award $3,927.00 Bond $2,800.00 Total payable by Tenant to Landlord $1,127.00
Reasons:
1. Representatives of the landlord attended the hearing by telephone. The tenant did not attend. I made two calls to the tenant’s mobile during the hearing. Both calls went to voicemail.
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2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, carpet cleaning and refund of the bond. The landlord wanted to amend the claim to include other compensation. The tenant was not given sufficient notice of the proposed amendments and was not at the hearing, so I declined to hear those claims.
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.
4. 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 13 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. Rent was in arrears and the tenant was not responding to communication from the landlord. The landlord was receiving “read receipts” for emails sent to the tenant. The landlord gave notice of a routine inspection on 13 January. At that inspection the landlord discovered the premises empty, cleaned and with keys on the bench.
6. I find that the premises were abandoned, and that the landlord would have been entitled to an order for possession of the premises. The landlord accepted the tenant’s actions as notice to end the tenancy and took possession of the property and advertised it as available for rent.
How much does the tenant owe?
7. This was a fixed term tenancy to 27 January 2025.
8. Under section 61(3) RTA, a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date:
“(b) in the case of a fixed-term tenancy,— (i) the date of the expiry of the term; or
(ii) the date of commencement of a new tenancy of the premises, — whichever is the earlier.”
9. If this had been a periodic tenancy, the landlord would have been entitled to rent for a period of 21 days after 13 January 2025. See s61(3)(a) RTA. However, as of 13 January 2025, the tenancy was for a fixed term. The landlord says that it had not offered the tenant a further fixed term, or discussed what would happen on the expiry of the fixed term.
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10. Section 60A(2)(b) provides that a fixed term tenancy will continue as a periodic tenancy unless, before the end of the fixed term, the parties agree not to continue with the tenancy. I find that, by taking possession of the premises on 13 January 2024, the landlord accepted that the tenancy would not continue.
11. I find that the landlord is entitled to rent to the end of the fixed term, being 27 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy.
12. The landlord also claimed carpet cleaning costs of $373.75 but provided only one photograph of a mark on the carpet. A tenant must leave premises reasonably clean and tidy. See s40 RTA. The single photograph confirms that some stain removal was required, it does not establish that all of the carpet had to be cleaned. I award $100 for carpet cleaning.
13. As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.
[NAME]
12 February 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.
- The landlord provided proof of rent arrears through rent records.
- The landlord was awarded carpet cleaning costs due to stains.
- The landlord received reimbursement for the Tribunal application fee.
❌ Tends to be rejected
- The landlord's claim for additional compensation was not heard due to lack of notice to the tenant.
- The landlord's request for more than the proven rent arrears was denied.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant abandoned the premises and owed rent arrears.
What was the dispute about?
The landlord sought termination of the tenancy for abandonment and unpaid rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises and owed rent arrears, as evidenced by the lack of response to communications and the discovery of the premises empty and clean.
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 critical argument was that the tenant abandoned the premises without a reasonable excuse and owed rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they communicate with their landlord and fulfill their rental obligations to avoid having their tenancy terminated.
What evidence or documents mattered?
Evidence included the landlord's attempts to contact the tenant, the condition of the premises upon inspection, and rent records showing arrears.