Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they abandoned the property and owed rent. The Tribunal decided this based on the fact that the tenant left without notifying the landlord and had outstanding rent.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and leave rent arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is convinced that the tenant has left the property for good 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 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 the tenancy of the tenant due to abandonment and unpaid rent arrears. The Tribunal found that the tenant left the premises without reasonable excuse and failed to notify the landlord of their intentions.
📚 Full judgment Official document
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[2025] NZTT 5190940
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room [ADDRESS], [POSTCODE], Imperial
ORDER
1. The tenancy of [NAME] at Room [ADDRESS], [POSTCODE], Imperial is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] must pay [COMPANY] $2,061.14 immediately, being rent arrears to 20/2/25.
Reasons:
1. The landlord attended the hearing by phone call.
2. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing by post and the email provided by the landlord. The hearing proceeded in her absence.
3. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
Should the tenancy be terminated?
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4. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date.1 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. On 30 January 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord conducted a inspection that day, following a period of approximately two months of attempting to contact the tenant regarding her intentions with respect to the tenancy. The landlord said there was only rubbish, kitchen utensils and some clothes in the premises. It appears the tenant has travelled overseas and not returned.
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.
N Bradley
21 March 2025
1 See section 61 Residential Tenancies Act 1986.
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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 reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The landlord attempted to contact the tenant for two months before concluding the tenant had abandoned the property.
- The landlord provided proof of rent arrears through rent records.
❌ Tends to be rejected
- The tenant was not present to contest the claims made by the landlord.
- The tenant did not provide any explanation for leaving the premises or failing to pay rent.
- The tenant did not respond to attempts by the landlord to contact them regarding the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant abandoned the premises and owed rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises and owed rent arrears, as evidenced by the inspection and lack of communication.
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 reasonable excuse and failed to notify the landlord of their intentions.
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?
For someone in a similar situation, abandoning the premises and failing to pay rent could lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included the inspection report and the landlord's attempts to contact the tenant regarding the tenancy.