Tenancy Terminated for Abandonment and Rent Arrears

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[2026] NZTT 5518057

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME_3] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], at 2 pm, Thursday, 11 June 2026.

2. The Bond Centre is to pay the bond of $2,400.00 to [COMPANY_1] immediately.

3. [NAME_3] must pay [COMPANY_1] $5,333.71 immediately, calculated as shown in the table below:

Description Landlord Rent arrears to 11 June 2026 $7,705.71 Filing fee reimbursement $28.00 Total award $7,733.71 Bond $2,400.00 Total payable by Tenant to Landlord $5,333.71

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Reasons:

Introduction

1. The hearing was conducted by teleconference.

2. [NAME_4] appeared on behalf of the landlord. The tenant, [NAME_2], did not attend.

3. Before commencing the hearing, I attempted to contact [NAME_2] using the telephone number ending 0183. The call went directly to voicemail. I was unable to leave a message. There is no evidence that [NAME_2] contacted the Tribunal Registry to explain her absence or to seek an adjournment of the hearing.

4. In those circumstances, and having regard to the evidence before me, I was satisfied it was reasonable to proceed with the hearing in [NAME_2]'s absence.

5. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

6. 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.

7. On 21 May 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.

8. [NAME_4] gave evidence that the tenancy is a periodic tenancy which commenced in December 2021.

9. The landlord's application was originally filed on the basis of rent arrears. However, at the hearing [NAME_4] submitted that the tenancy had been abandoned by [NAME_2] and sought termination on that basis.

10. [NAME_4]'s evidence was that on 21 May 2025 she received a text message from [NAME_2] advising that she had vacated the property over the preceding weekend.

11. Following receipt of that message, [NAME_4] attended the premises. She found that persons other than [NAME_2] were occupying the property. Those occupants advised that [NAME_2] did not live at the premises.

12. [NAME_4] further gave evidence that the occupants informed her they had been residing at the premises since January 2025 and had been paying rent directly to [NAME_2].

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13. Subsequent communications between [NAME_4] and [NAME_2] reinforced [NAME_4]'s belief that [NAME_2] had permanently left the premises. [NAME_2] acknowledged that she had vacated the property and discussions thereafter focused on rent arrears, a bond refund form, and the presence of other occupants at the property.

14. [NAME_4]'s evidence was that the occupants had not been approved by the landlord to reside at the premises and that [NAME_2] had left the property while permitting those persons to remain there.

15. I accept [NAME_4]'s evidence. The evidence establishes that [NAME_2] vacated the premises, ceased residing there, and left other persons in occupation without the landlord's consent or authority. I am satisfied on the balance of probabilities that [NAME_2] abandoned the premises and the tenancy.

16. Section 61 of the Residential Tenancies Act 1986 empowers the Tribunal to make orders where a tenant has abandoned the premises. Having considered the evidence before me, I am satisfied that the requirements of that section have been met.

17. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

18. The landlord provided rent records which prove the amount owing at the end of the tenancy is $7,705.71.

Filing fee

19. Because [COMPANY_1] has wholly succeeded with the claim I must reimburse the filing fee.

M Kan

11 June 2026

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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, 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/

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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: