Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant abandoned the premises and owed rent. The landlord showed that the tenant left without paying rent and didn't inform the landlord.
⚖️ Legal holding
A tenant's tenancy can be terminated if the premises are abandoned and rent is in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if a landlord applies and can show that the tenant has left the property 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 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 due to abandonment and unpaid rent arrears. The landlord proved that the tenant left the premises without reasonable excuse and failed to notify the landlord.
📚 Full judgment Official document
__________________________________________________________________________________ 5520109 1
[2026] NZTT 5520109
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 [NAME] immediately.
2. The Bond Centre is to pay the bond of $360.00 (BN-25091194) to [NAME] immediately.
3. [NAME] must pay [NAME] $517.71 immediately, being rent arrears to today’s date as set out in the table below:
Description Landlord Tenant Rent arrears to 18 June 2026 $877.71 Total award $877.71 Bond $360.00 Total payable by Tenant to Landlord $517.71
Reasons:
1. Only the landlord attended the hearing.
2. This tenancy began on 21 December 2023. Rent is currently $90 per week.
__________________________________________________________________________________ 5520109 2
3. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
4. 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.
5. The tenant is currently in custody on remand. He had hoped to be released prior to this hearing but his next hearing is not until 15 September 2026.
6. The landlord advised that the tenant has said that does not want the tenancy to continue, and rent arrears to continue to accrue, while he remains on remand. He does not intend to return to this tenancy (although he may return to a new tenancy with this landlord). The landlord attempted to obtain a signed statement from the tenant with the assistance of Probation Services but unfortunately that was not possible in the time available.
7. Because the premises have been effectively abandoned, and rent is in arrear, the tenancy is terminated immediately.
8. The landlord explained that they will safely store the tenant’s belongings.
9. For completeness I record that even if I had not found that tenancy had been abandoned, I would have terminated the tenancy as rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986
How much does the tenant owe?
10. The landlord provided rent records which prove the amount owing at the end of the tenancy, after refund of the bond.
[NAME]
__________________________________________________________________________________ 5520109 3
18 June 2026
__________________________________________________________________________________ 5520109 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5520109 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 tenant left the premises without reasonable excuse and did not intend to return.
- Rent was at least 21 days in arrears on the date the application was filed.
- The landlord attempted to obtain a signed statement from the tenant but was unsuccessful due to the tenant's custody status.
❌ Tends to be rejected
- The tenant's hope to be released prior to the hearing was considered but did not change the abandonment status.
- The landlord's intention to safely store the tenant’s belongings was noted but did not affect the decision on termination.
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 argued that the tenant abandoned the premises and owed rent arrears, leading to the termination of the tenancy.
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?
Residential Tenancies Act 1986, s 61
What was the argument that mattered most?
The most important argument was that the tenant abandoned the premises 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 might face termination of their tenancy if they abandon the premises and owe rent arrears.
What evidence or documents mattered?
The rent records and the fact that the tenant was in custody on remand were key pieces of evidence.