Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a rental agreement because the tenant left the property without paying rent. The landlord received the remaining rent owed and the security deposit.
⚖️ Legal holding
A tenant's abandonment of the premises and failure to pay rent entitles the landlord to terminate the tenancy.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is satisfied that the tenant has left the property and owes rent. If it's a periodic tenancy, 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 rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated a tenancy due to the tenant abandoning the premises and failing to pay rent. The landlord was awarded the outstanding rent and the bond was transferred to the landlord.
📚 Full judgment Official document
__________________________________________________________________________________ 5196354 1
[2025] NZTT 5196354
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
2. [NAME] must pay [The landlord/s] $2,144.14 immediately, as calculated below.
3. [COMPANY] is to pay the bond of $3,120.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. The tenancy is terminated and possession granted to the landlord immediately.
Description Landlord Tenant Rent arrears $5,237.14 Filing fee reimbursement $27.00 Total award $5,264.14 Bond $3,120.00 Total payable by Tenant to Landlord $2,144.14
Reasons:
1. Both parties attended the hearing, which was conducted remotely.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
__________________________________________________________________________________ 5196354 2
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. 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. On 12 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had fallen behind on rent. When the landlord entered the premises in accordance with a notice of inspection properly given, they discovered that all the tenant’s belongings were gone.
5. The tenant agreed that she had moved out. She said that she had needed to move for safety reasons.
6. The landlord confirmed that the tenant had spoken to her about reducing the fixed-term because her children had moved to Australia. The landlord had told her about their terms for breaking a fixed-term lease. The tenant had also said that she needed to move for safety reasons. The landlord told her to get advice from tenancy services, but heard nothing further.
7. The tenant agreed that she had not given any notice.
8. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
9. 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.
10. The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
11. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Correction
12. At the hearing I mentioned that the tenant remained liable for rent until the end of the fixed-term, but of course the tenancy has now terminated and so there will be no more requirement for rent.
__________________________________________________________________________________ 5196354 3
[NAME] 27 March 2025
__________________________________________________________________________________ 5196354 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant abandoned the premises without notifying the landlord.
- Rent was in arrears at the time of the hearing.
- The landlord provided proof of the amount of rent owed through rent records.
❌ Tends to be rejected
- The tenant claimed to have moved for safety reasons, but this did not prevent the termination of the tenancy.
- The tenant did not provide any notice of leaving the premises, failing to meet their obligations.
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 failed to pay rent.
What was the dispute about?
The landlord wanted to terminate the tenancy due to abandonment and unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises and did not pay rent, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 61 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the premises without paying rent.
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 have their tenancy terminated if they abandon the premises and fail to pay rent.
What evidence or documents mattered?
The rent records provided by the landlord were crucial in proving the amount of rent arrears.