Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ruled to terminate the tenancy of a tenant who abandoned the rented premises and owed rent arrears. The landlord was given possession of the property and the tenant was ordered to pay the outstanding rent and fees.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent arrears can have their tenancy terminated.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies 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 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 a tenant who abandoned the premises and owed rent arrears. The landlord was granted possession and the tenant was ordered to pay the outstanding rent and fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5192072 1
[2025] NZTT 5192072
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
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 [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
3. [NAME] must pay [The landlord/s] $1,083.00 immediately, in accordance with the following table:
Description Landlord Tenant Rent arrears to 20/1/25 $1,408.00 Filing fee reimbursement $27.00 Total award $1,435.00 Bond $352.00 Total payable by Tenant to Landlord $1,083.00
4. [COMPANY] is to pay the bond of $352.00 ([Bond number suppressed]) to [The landlord/s] immediately.
5. [The landlord/s] may dispose of the goods left at the premises by the tenant as the landlord sees fit.
__________________________________________________________________________________ 5192072 2
Reasons:
1. The landlord attended the hearing represented by [redacted].
2. The tenant did not attend and did not answer the calls made to his phone during the hearing. He had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
3. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
4. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 RTA. 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 16 December 2024 the landlord became aware that the tenant had abandoned the premises. They had been advised by the Ministry of Social Development that [NAME] had left he country, the rent was in arrears and on 16 December they conducted an inspection which indicated that the majority of [NAME]’s belongings had been removed.
6. Accordingly, because the premises have been abandoned, and rent is in arrear, the tenancy is terminated, effective immediately.
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.
8. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. The landlord is unable to contact the tenant.
9. It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.
10. Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their claim for suppression.
[NAME] 19 March 2025
__________________________________________________________________________________ 5192072 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/
__________________________________________________________________________________ 5192072 4
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].
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenancy was terminated because the tenant abandoned the premises and owed rent.
- The landlord was allowed to dispose of the tenant's left-behind goods because it was not practical to return them.
- The landlord's claim for the filing fee was approved because they fully succeeded with their application.
- The tenant had left the country, which showed an intention not to return or meet obligations.
- An inspection showed that most of the tenant's belongings had been removed from the premises.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenancy of a tenant who abandoned the premises and owed rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to abandonment and unpaid rent arrears.
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?
The Residential Tenancies Act 1986, specifically 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.
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?
For someone in a similar situation, if they abandon their rental premises and owe rent arrears, their tenancy could be terminated.
What evidence or documents mattered?
Evidence included rent records and an inspection report showing the tenant's belongings had been removed.