Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the premises were abandoned and rent was overdue. The landlord showed that the tenant had left the property without paying rent, leading to the termination of the tenancy and an order for the tenant to pay the outstanding rent and for the landlord to return the bond.
⚖️ Legal holding
A tenant's tenancy can be terminated if the premises are abandoned and rent is in arrears.
📖 What the law says
This rule 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 property was abandoned. 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 the tenant due to abandonment and rent arrears. The landlord proved that the premises were abandoned and rent was in arrears, leading to the immediate termination of the tenancy and an order for the tenant to pay rent arrears and the landlord to return the bond.
📚 Full judgment Official document
__________________________________________________________________________________ 5199531 1
[2025] NZTT 5199531, 5193439
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Snells Beach, Snells Beach 0920
ORDER
1. The tenancy of [NAME] at [ADDRESS], Snells Beach, Snells Beach 0920 is terminated, and possession is granted to [NAME] immediately.
2. The [COMPANY] is to pay the bond of $1,950.00 (5066454-007) to [NAME] immediately.
3. [NAME] must pay [NAME] $2,941.28 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 27 March 2025 $4,864.28 Filing fee reimbursement $27.00 Total award $4,891.28 Bond $1,950.00 Total payable by Tenant to Landlord $2,941.28
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Reasons:
1. The landlord attended the hearing, set down to be conducted via video but joined by phone after non-appearance. Two calls to the tenant were made but both went unanswered. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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 8 March 2025 the landlord became aware that the tenant had abandoned the premises. On landlord entry, electricity was found to be disconnected and food, left out as well as in the fridge, in a state of decay. The tenant’s mother assisted the landlord with the subsequent cleaning and she removed the remaining personal effects of her son. She told the landlord she had not been in recent contact with her son, but she believed he may have been remanded in custody, although uncertain on the current status.
5. I consider the premises were abandoned as no formal confirmation of any detaining of the tenant before or since is available (this relies on hearsay), he had earlier raised financial hardship with the landlord. The premises being furnished makes abandonment less obvious, but I am swayed to conclude it was abandoned by the discovered disconnection of electricity and the perishable items found in various locations and in a state of decay. The lack of any contact from the tenant since, after a history of prior engagement, is a further consideration.
6. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
7. 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.
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8. Even if wrong in determining abandonment, rent was at least 21 days in arrears on the date the application was filed and the tenancy would be terminated regardless. See section 55(1)(a) Residential Tenancies Act 1986.
Second application
9. The landlord has a second application set down for a hearing. He advised there are no further claims other than rent arrears. As that is confirmed and ordered here he intends to withdraw the second application.
Filing fee
10. [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
M Brennan
27 March 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 tenant abandoned the premises without returning or meeting obligations.
- 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's failure to respond to calls and provide confirmation of their situation.
- The landlord's reliance on hearsay about the tenant's possible detention.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to abandonment and rent arrears.
What was the dispute about?
The landlord claimed the tenancy should be terminated because the tenant abandoned the premises and owed rent.
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 evidenced by the landlord's proof of abandonment and unpaid rent.
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 premises were abandoned and rent was in arrears, leading to the termination of the tenancy.
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 leave rent unpaid.
What evidence or documents mattered?
The evidence included proof of abandonment and unpaid rent.