Tenancy Terminated for Abandonment and Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant left the property without paying rent. The Tribunal ruled that the tenant abandoned the place and owed back rent, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and are in rent arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord asks, 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 tenant had left. 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 unpaid rent arrears. The Tribunal found that the tenant had abandoned the premises and was in arrears, thus terminating the tenancy immediately.
📚 Full judgment Official document
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[2025] NZTT 5197732
TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Te Aroha, Te Aroha 3320
ORDER
1. The tenancy of [NAME] at [ADDRESS], Te Aroha, Te Aroha 3320 is terminated, and possession is granted to [COMPANY], at 11.59pm, Friday, 28 March 2025.
2. [NAME] must pay [COMPANY] $565.71 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $565.71 Total award $565.71 Total payable by Tenant to Landlord $565.71
Reasons:
1. This was a telephone conference. The tenant was called twice on the phone number provided but did not answer. The hearing continued in their absence.
2. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
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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 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 31 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had inspected the premises on 28 February 2025 and found no one at the premises. A photograph provided of the power metre showed that it had been disconnected.
5. The landlord inspected the premises again on 31 March 2025 and confirmed that no one was living at the premise and the power was still disconnected.
6. I find that on the evidence provided that the landlord ought reasonably to have become aware that the tenant had abandoned the property on 31 March 2025.
7. An up to date rent summary was provided establishing that the tenant was in rent arrears.
8. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
T Harris
28 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.
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 landlord proved the tenant had abandoned the premises by showing no one was there during inspections.
- The landlord confirmed the power was disconnected during multiple inspections, indicating abandonment.
- The landlord provided a current rent summary showing the tenant owed money.
- The tenant did not attend the hearing, so the tribunal proceeded without them.
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 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 was in rent 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 that the tenant abandoned the premises and was in rent 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 are in rent arrears.
What evidence or documents mattered?
Evidence included inspections of the premises, photographs of the power meter showing disconnection, and an up-to-date rent summary.