Tenancy Terminated for Abandonment and Rent Arrears - Tenancy Tribunal
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant abandoned the premises and had outstanding rent. The decision was made quickly through an expedited process.
⚖️ 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 a tenant due to abandonment and rent arrears, applying the expedited process under section 91AA of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5188436 1
[2025] NZTT 5188436
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).
__________________________________________________________________________________ 5188436 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 4 March 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord carried out an inspection and found the premises had been abandoned, furniture and rubbish had been left inside and out, and rats were observed (photographs provided). The landlord spoke with the neighbours who confirmed the tenant had moved out. The landlord has made multiple attempts to contact the tenant without success.
5. The landlord provided rent records which show that rent is in arrears and was last paid on 22 January 2025.
6. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately. All the requirements for an expedited abandonment application have been met.
A Macpherson 17 March 2025
__________________________________________________________________________________ 5188436 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. 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 sufficient information to prove abandonment and arrears.
- Neighbours confirmed the tenant had moved out.
- Multiple attempts to contact the tenant were unsuccessful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated 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 an 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's evidence showed the premises were abandoned and rent was in arrears, satisfying the conditions for an expedited termination.
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 have their tenancy terminated if they abandon the premises and leave rent unpaid.
What evidence or documents mattered?
Photographs showing the abandoned state of the premises and rent records showing arrears were important.