Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they left the premises without paying rent and did not intend to return. This decision was made through the expedited process under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated through the expedited process if the premises are abandoned and rent is in arrears.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If it's a periodic tenancy, 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 rent arrears, applying the expedited process under section 91AA of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5160532
TENANCY TRIBUNAL -
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], 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).
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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 7 February 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
5. The landlord noticed rent arrears in around 3 February and issued a notice to inspect the premises after being at the premises and suspecting that it had been abandoned.
6. Photographs from the inspection on 7 February 2025 show no personal effects clothing or towels. The major appliances had been removed leaving old beds and a couch. Cupboards were empty and there was old food in the fridge.
7. Copies of attempts to contact the tenant were provided.
8. The landlord provided rent records which prove the amount owing at today’s date.
9. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
10. All the requirements for an expedited abandonment application have been met.
[NAME]
24 February 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 did not want to contest the abandonment application, which met a requirement for the expedited process.
- The landlord provided enough information for the Tribunal to properly decide the case without a hearing.
- The landlord became aware the tenant had abandoned the premises around February 7, 2025.
- An inspection showed no personal belongings, major appliances removed, and empty cupboards, indicating abandonment.
- The landlord provided rent records that proved the amount of rent owing at the hearing date.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated immediately due to abandonment and rent arrears.
What was the dispute about?
The landlord claimed 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, meeting the criteria for the expedited process.
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 landlord provided evidence showing the premises were abandoned and rent was in arrears, satisfying the conditions for the expedited process.
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 immediate termination of their tenancy if they abandon the premises and owe rent.
What evidence or documents mattered?
Photographs showing the premises were abandoned, rent records proving arrears, and attempts to contact the tenant were provided.