Tenancy Terminated for Abandonment and Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they abandoned the property and had unpaid rent. The tenant didn't respond to notices and left behind personal items.
⚖️ Legal holding
A tenant's failure to remedy rent arrears within 14 days allows for termination of the tenancy.
📖 What the law says
This rule states that the Tenancy Tribunal must end a tenancy if the rent is at least 21 days overdue when the landlord applies, or if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
This rule allows the Tribunal to end a tenancy if one party has broken the tenancy agreement or the Act, and if the breach could be fixed but the other party failed to fix it within at least 10 working days after being given notice.
This rule allows the Tribunal to end a tenancy if the landlord applies and the Tribunal is satisfied that the tenant has left the property and owes rent. If it's a periodic tenancy, the Tribunal will also determine when the landlord first knew or should have known the tenant had left.
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 tenant failed to remedy the breach within the required period, leading to the termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5263781
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room B, [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room B, [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is immediately granted to [COMPANY] As Agent For [NAME].
2. The [COMPANY] is to pay the bond of $920.00 (6522094-001) to [COMPANY] As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agent For [NAME] $686.29 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 9 June 2025 Filing fees
$1,579.29 $27.00
Total award $1,606.29 Bond $920.00 Total payable by Tenant to Landlord $686.29
4. [COMPANY] As Agent For [NAME] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
5. The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
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Reasons:
1. The Applicant attended the hearing; however, the tenant did not. Attempts were made to call her on her last known telephone number, and it went to an automated message that did not allow voice messages to be left. The tenant was properly served and did not communicate with the Registry; accordingly, the hearing was proceeded with in her absence.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, return of bond, and disposal of goods.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenant has breached their obligations by falling into rental arrears of $1,579.29.
6. The landlord served a 14-day notice on the tenant on 1 May 2025, and the tenant did not remedy the breach within the required period.
7. It would be inequitable to refuse to terminate the tenancy because the rental arrears continue to accrue, and the tenant appears to have abandoned the tenancy based on the evidence provided at the hearing.
8. Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
9. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
Immediate possession following termination
10. The landlord provided rent records, which prove the amount owing at the end of the tenancy.
Abandonment
11. Alternatively, 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
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leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
12. On or about 12 May 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The property inspection photos show the room including personal items on the bed remaining unmoved, other tenants in the property have not seen the tenant since January 2025 despite the odd rental payments in the interim. The tenant has not picked up new keys required for the premises, contacted the property manager or responded to their communications. The rental comes to an end in early July and it appears that the tenant has chosen to leave her personal items behind.
13. Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
Disposal of goods
14. The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
15. The landlord is unable to contact the tenant.
16. 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) Residential Tenancies Act 1986.
17. The landlord may dispose of any goods that have no saleable value.
Filing fee
18. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
10 June 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 [NAME], 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 remedy the rent arrears within the required 14 days after receiving the notice.
- The rent was at least 21 days in arrears at the time of the hearing.
- The tenant appeared to have abandoned the premises, leaving personal items behind without contacting the landlord.
- The landlord was unable to contact the tenant and it was impractical to return the tenant's goods.
❌ Tends to be rejected
- The tenant did not provide any explanation for failing to remedy the rent arrears.
- The tenant did not respond to the landlord's attempts to contact them.
- The tenant did not attempt to reclaim their personal items before the hearing.
- The tenant did not attend the hearing and did not present any defense.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy due to abandonment and unpaid rent arrears.
What was the dispute about?
The landlord wanted to end the tenancy because the tenant abandoned the property and owed rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not remedy the rent arrears within the required period and abandoned the property.
Which laws or rules were applied?
Sections 55, 56(2), and 61 of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The tenant's failure to remedy the rent arrears within 14 days and their abandonment of the property were the key arguments.
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 who abandons their rental property and fails to pay rent may face termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records, property inspection photos, and statements from other tenants.