Tenancy Terminated for Abandonment and Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant abandoned the rented property and owed back rent. The Tribunal ruled that the tenant left the premises without a valid reason and did not inform the landlord of their departure.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent arrears can have their tenancy terminated.
📖 What the law says
This section 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 (a periodic tenancy), the Tribunal will also figure out 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 unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises and owed rent arrears. The Tribunal found that the tenant left the premises without reasonable excuse and failed to notify the landlord of their departure.
📚 Full judgment Official document
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[2025] NZTT 5186011
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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.
2. [NAME] must pay [COMPANY] $1,413.42 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $1,413.42 Total award $1,413.42 Total payable by Tenant to Landlord $1,413.42
Reasons:
1. The landlord attended the video hearing.
2. The tenants did not attend the hearing by Teams video link. Telephone calls were made to each of the tenants on the numbers provided at the allocated hearing time. The calls were not able to be connected. The Tribunal may hear
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matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.
3. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
Should the tenancy be terminated?
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 Residential Tenancies Act 1986 (“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 25 February 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
6. A s.56 RTA breach notice for rent arrears was issued to the tenants on 16 January 2025. That notice expired on 3 February 2025. The tenants did not make any contact with the landlord or attempt to remedy the rent arrears. A notice to return to the property breach notice was issued to the tenants on 5 February 2025 and expired on 25 February 2025. There was no contact from the tenants. A visit to the home on 25 February 2025, showed that the tenants’ belongings have been removed. The fridge had been removed from the property. The kitchen cupboards held no cooking utensils or pots. Letters issued to the tenants previously had remained untouched.
7. As the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
8. The landlord provided rent records which prove the amount owing. The amount ordered includes rent in lieu of notice for 21 days since 25 February 2025.
[NAME]
24 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 abandoned the premises.
- The landlord showed rent arrears were outstanding.
- The landlord provided proof of attempted contact with the tenant.
- The landlord demonstrated the tenant's belongings were removed.
- The landlord presented rent records proving the amount owed.
❌ Tends to be rejected
- The tenant did not attend the hearing to dispute the claims.
- The tenant did not provide any explanation for abandoning the premises.
- The tenant did not attempt to remedy the rent arrears.
- The tenant did not respond to notices sent by the landlord.
- The tenant did not contact the landlord after receiving breach notices.
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 of a tenant who abandoned the premises and owed rent arrears.
What was the dispute about?
The dispute was about whether the tenant's abandonment of the premises and failure to pay rent justified terminating the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises and owed rent arrears, which met the criteria under 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 most important argument was that the tenant abandoned the premises and owed rent arrears, which allowed the landlord to terminate the tenancy.
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 owe rent arrears.
What evidence or documents mattered?
The evidence included rent records, notices sent to the tenant, and observations of the premises showing abandonment.