Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because the tenant abandoned the premises and owed rent arrears. The landlord showed that the tenant had left the property without paying rent.
⚖️ 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 tenant had abandoned the premises and owed rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5169711
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 name and identifying details.
2. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [The landlord/s], immediately.
3. The [COMPANY] is to pay the bond of $3,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.
4. [NAME] must pay [The landlord/s] $17,148.43 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 25 July 2025 $20,521.43 Filing fee reimbursement $27.00 Total award $20,548.43 Bond $3,400.00 Total payable by Tenant to Landlord $17,148.43
Reasons:
1. The landlord attended the hearing by video. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
__________________________________________________________________________________ 5169711 2
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 18 February 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord was carrying out an inspection at a neighbouring property and noticed that the back door of the premises had been left open. When they went to knock on the door they discovered signs that the tenancy had been abandoned.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy. As this is a fixed tenancy the tenant is liable to pay rent up to and including the date of the expiry of the term.
7. Because [[NAME]] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason the landlord’s name is suppressed as sought.
[NAME] 20 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.
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 reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The landlord provided proof of the rent owed through rent records.
❌ Tends to be rejected
- The tenant did not attend the hearing to provide an explanation.
- The tenant did not notify the landlord about leaving the premises.
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 arrears.
What was the dispute about?
The landlord claimed that the tenant abandoned the premises and owed rent arrears, leading to the termination of the tenancy.
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 per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 61
What was the argument that mattered most?
The argument that mattered most was proving that the premises were abandoned and rent was in arrears.
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 face termination of their tenancy if they abandon the premises and owe rent arrears.
What evidence or documents mattered?
The rent records and evidence of abandonment mattered in this case.