Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant left the premises without returning and owed rent. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent can have their tenancy terminated.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord asks, and the Tribunal is convinced 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 leaves, 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 arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises without reasonable excuse and owed rent. The Tribunal relied on the Residential Tenancies Act 1986, sections 61 and 91AA.
📚 Full judgment Official document
__________________________________________________________________________________ 5199433 1
[2025] NZTT 5199433
TENANCY TRIBUNAL AT
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] and [NAME], immediately.
Reasons:
1. The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.
Are there grounds for an expedited application?
2. I am satisfied that the two requirements for the expedited process are met:
a. The tenant does not want to contest the abandonment application.
b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).
__________________________________________________________________________________ 5199433 2
Should the tenancy be terminated?
3. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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 13 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when they conducted an inspection after seeing signs that the premises may have been abandoned.
5. The landlord had visited the premises to speak to the tenant on 11 March 2025 and saw through a window that it appeared abandoned. Photographs from the inspection show an empty premises with no furniture and empty cupboards and wardrobes.
6. The landlord provided rent records which prove the amount owing at today’s date.
7. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately and possession is granted to [NAME] and [NAME].
T Harris
24 March 2025
__________________________________________________________________________________ 5199433 3
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 landlord's application for tenancy termination was accepted because the tenant did not want to contest it.
- The landlord's information was sufficient for the Tribunal to decide the case without a hearing.
- The landlord became aware of the abandonment after seeing signs and conducting an inspection.
- Photographs from the inspection showed an empty premises with no furniture, supporting the claim of abandonment.
- The landlord provided rent records proving the amount owed, which supported the 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.
What was the dispute about?
The landlord claimed the tenant abandoned the premises and owed rent, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy based on the evidence showing the premises were abandoned and rent was in arrears.
Which laws or rules were applied?
Sections 61 and 91AA of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the premises and owed rent, meeting the criteria for termination.
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 could face termination of their tenancy if they abandon the premises and owe rent.
What evidence or documents mattered?
Photographs showing an empty premises and rent records proving arrears were key pieces of evidence.