Tenancy Terminated for Abandonment and Breach of Contract
📌 In brief
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises and failed to meet their obligations under the tenancy agreement. The decision was based on evidence of abandonment and breach of contract.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and fail to meet their obligations under the tenancy agreement.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the landlord applies and can show that the tenant has left the property for good and owes rent. If the tenancy is ongoing (periodic), 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 breach of the tenancy agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises and failed to meet their obligations under the tenancy agreement. The decision was based on evidence of abandonment and breach of contract.
📚 Full judgment Official document
__________________________________________________________________________________ 5205351 1
[2025] NZTT 5205351
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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 [NAME]– Homes And Communities, at 11.59 pm, Tuesday, 1 April 2025.
2. The Bond Centre is to pay the bond of $238.00 (3116663-004) to [NAME]– Homes And Communities immediately.
3. [NAME] must pay [COMPANY] $5,897.50 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 1 April 2025 $6,135.50 Total award $6,135.50 Bond $238.00 Total payable by Tenant to Landlord $5,897.50
Reasons:
1. The hearing was held on 2 April 2025 via teleconference.
2. [NAME] attended the hearing on behalf of the landlord, [NAME].
__________________________________________________________________________________ 5205351 2
Introduction
3. This matter concerns an application by [NAME] seeking termination of the tenancy with [NAME] on the grounds of abandonment of the property at [ADDRESS], Houghton Bay. The landlord also alleges breaches of the tenancy agreement, particularly the failure to occupy the premises as required.
1. Miss [NAME] did not attend the hearing despite my attempt to contact her via the phone number provided in the application. A voicemail was left advising her of the proceeding, but no response was received. The hearing proceeded in her absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated on the grounds of abandonment?
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. [NAME] submitted evidence below:
a. No contact with the tenant since November 2024 despite multiple attempts (calls, texts, and physical visits).
b. Neighbour statements confirming the tenant’s absence.
c. Property inspections on 10 December 2024 revealed disconnection of power, accumulated rubbish, and no signs of occupancy.
d. Another inspection on 30 December 2024 revealed that the door was “open” with no sign of anyone in the house. One of the staff members from [NAME] had to close the door for security reasons.
5. The above factors suggest that the tenant has abandoned the premises.
6. However, [NAME] drew my attention to the rent summary showing the tenant was still making rent payments, even though rent was in arrears. In other words, the tenant continued directing her benefit for rent payment to the landlord.
7. On the balance of probabilities, I am not satisfied that the tenant abandoned the property because there is evidence rent is being paid.
__________________________________________________________________________________ 5205351 3
Should the tenancy be terminated?
8. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
9. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
10. The tenant has breached their obligations by not residing at the property.
11. The landlord served a 14-day notice on the tenant on 11 December 2024, and the tenant did not remedy the breach within the required period.
12. Follow-up inspections (30 December 2024, 24 January 2025, 18 February 2025 and 13 March 2025) confirmed continued non-occupation.
13. Balancing the tenant’s lack of engagement with the landlord’s obligation to allocate social housing fairly, it would be inequitable to refuse to terminate the tenancy.
14. Accordingly, the tenancy is terminated, and possession is granted to [COMPANY], at 11.59 pm, Tuesday, 1 April 2025.
How much does the tenant owe?
15. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered has proved.
Filing fee
16. [NAME] stated that she is not seeking reimbursement for the filing fee. Therefore, no order regarding the filing fee is issued.
M Kan
02 April 2025
__________________________________________________________________________________ 5205351 4
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/
__________________________________________________________________________________ 5205351 5
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 landlord showed the tenant had not been in contact since November 2024 despite multiple attempts.
- Neighbour statements confirmed the tenant's absence from the property.
- Property inspections in December 2024 revealed the power was disconnected, rubbish had accumulated, and there were no signs of anyone living there.
- A follow-up inspection in December 2024 found the door open with no one inside, requiring staff to close it for security.
- The tenant breached their obligations by not living at the property.
- The landlord served a 14-day notice to remedy the breach, but the tenant did not fix it within the required time.
- It would be unfair to refuse to end the tenancy, considering the tenant's lack of engagement and the landlord's need to allocate social housing fairly.
- The landlord provided rent records that proved the amount of rent owed at the end of the tenancy.
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 tenancy of a tenant who abandoned the premises and failed to meet their obligations under the tenancy agreement.
What was the dispute about?
The dispute was about whether the tenant had abandoned the premises and breached the tenancy agreement.
How did the court decide, and why?
The court decided to terminate the tenancy based on evidence that the tenant had abandoned the premises and failed to meet their obligations under the tenancy agreement.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54 and 61 were applied.
What was the argument that mattered most?
The argument that mattered most was the evidence showing the tenant had abandoned the premises and failed to meet their obligations under the tenancy agreement.
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 fail to meet their obligations under the tenancy agreement, their tenancy could be terminated.
What evidence or documents mattered?
Evidence such as neighbour statements, property inspections, and rent records mattered.