Tenancy Terminated Due to Abandonment and Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they abandoned the rental property and didn't pay rent. The landlord asked for the tenancy to be terminated, and the Tribunal agreed.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and fail to make rent payments.
📖 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 (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 a tenant who abandoned the premises and failed to make rent payments. The landlord applied for termination based on abandonment and rent arrears, and the Tribunal granted possession of the property to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5196611
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to Timaru District Council, at 12 pm, Tuesday, 1 April 2025.
2. The Bond Centre is to pay the bond of $360.00 (5596047-002) to Timaru District Council immediately.
3. [NAME] must pay Timaru District Council $423.00 immediately, calculated as shown in the table below:
4. Timaru District Council must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
5. The landlord shall dispose of the other goods left at the premises by the tenant by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
b. disposing of all goods with no saleable value as the landlord sees fit.
6. The amount owing to the applicant out of the proceeds of any sale is $423.00.
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7. Timaru District Council must pay the proceeds of any sale, less the amount owing, being $423.00 for rent arrears and reasonable cost of sale, to the Bond Centre together with a copy of this order.
Description Landlord Rent arrears to 14 February 2025 $756.00 Filing fee reimbursement $27.00 Total award $783.00 Bond $360.00 Total payable by Tenant to Landlord $423.00
Reasons:
1. [NAME], on behalf of the landlord, attended the hearing via teleconference.
2. [NAME], the tenant, did not attend the hearing.
3. Mr. [NAME] was unable to attend the hearing because he is in prison. He is facing criminal charges. As he remains in custody, he has no means to participate in today’s hearing.
4. Additionally, [NAME] confirmed that she had received no communication from [NAME] regarding his tenancy or his intention to return to the property.
5. The hearing proceeded in [NAME]’s absence.
6. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
7. 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.
8. On 24 January 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises based on the following:
9. A Call from [COMPANY]:
a. On 24 January 2025, [NAME] received a phone call from [COMPANY] in Christchurch informing her that [NAME] was in custody. This was the first time she learned about [NAME]’s situation, as [NAME] himself did not communicate with her.
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10. Lack of Communication:
a. [NAME] had no contact from [NAME] regarding his tenancy since he was remanded in custody, further supporting the belief that he had no intention of returning to the property.
11. Rent Arrears:
a. [NAME]’s last rent payment was made on 30 December 2024, and no further payments were received thereafter. This prolonged absence of payment, coupled with the lack of communication, indicated abandonment.
12. Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
How much does the tenant owe?
13. 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.
14. The breakdown of the rent arrears is:
a. 30 December 2024 to 23 January 2025 - $378.00 (rent owing before the discovery of abandonment).
b. 24 January 2025 to 14 February 2025 - $378.00 (maximum rent owning after discovering abandonment).
Disposal of goods
15. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
16. The landlord is unable to contact the tenant. There is no communication from the tenant either.
17. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
18. The landlord may deduct any amount associated with the disposal of goods from the sale proceeds and rent arrears and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
19. The landlord may dispose of any goods that have no saleable value.
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20. I understand that Ms. [NAME] will conduct a final inspection after the landlord takes possession of the property. It is likely that a new application will need to be filed with the Tribunal to address other compensation issues.
Filing fee
21. Because Timaru District Council has wholly succeeded with the claim I must reimburse the filing fee.
M Kan
01 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 tenancy was terminated because the tenant abandoned the premises and rent was overdue.
- The landlord was informed by a company that the tenant was in custody, which was the first time they learned of the situation.
- The tenant had not contacted the landlord about his tenancy since being taken into custody, suggesting he did not intend to return.
- The tenant stopped paying rent after December 30, 2024, which, combined with no communication, indicated abandonment.
- The landlord provided rent records that proved the amount of rent owed at the end of the tenancy.
❌ Tends to be rejected
- The tenant did not attend the hearing, so no arguments were presented on his behalf.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant abandoned the property and owed rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the property and did not pay rent, as evidenced by the lack of communication and missed rent payments.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 61, was applied.
What was the argument that mattered most?
The most important argument was that the tenant abandoned the property and failed to make rent payments.
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 rent.
What evidence or documents mattered?
Evidence included the lack of communication from the tenant, missed rent payments, and confirmation that the tenant was in custody.