Tenancy Terminated for Abandonment and Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of the tenant because they abandoned the premises and owed rent arrears. The landlord was given possession of the property and the tenant was told to pay back the money they owe.
⚖️ 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 the landlord applies 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 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 unpaid rent arrears. The landlord was granted possession of the premises and the tenant was ordered to pay outstanding amounts.
📚 Full judgment Official document
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[2025] NZTT 5164752
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Palmerston North, Palmerston North 4410
ORDER
1. The tenancy of [NAME] at [ADDRESS], Palmerston North, Palmerston North 4410 is terminated, and possession is granted to Palmerston North City Council, today Monday 3 March 2025 at 12 pm.
2. The [COMPANY] is to pay the bond of $1,420.00 (3050313-016) to Palmerston North City Council immediately.
3. [NAME] must pay Palmerston North City Council $2,056.28 immediately, calculated as shown in the table below:
4. Palmerston North City Council must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
5. The landlord shall dispose of the other goods left at the premises by the tenant by:
a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and
b. disposing of all goods with no saleable value as the landlord sees fit.
6. The amount owing to the applicant out of the proceeds of any sale is $2,056.28.
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7. Palmerston North City Council must pay the proceeds of any sale, less the amount owing, to the [COMPANY] together with a copy of this order.
Description Landlord Rent arrears $3,449.28 Filing fee reimbursement $27.00 Total award $3,476.28 Bond $1,420.00 Total payable by Tenant to Landlord $2,056.28
Reasons:
1. The landlord attended the hearing. The tenant was telephoned twice but did not answer and so messages were left.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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 13 February 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. A neighbour had contacted the landlord to advise it that the tenant appeared to have abandoned the property and so the landlord inspected the property on 13 February 2025 and gave evidence that the property appeared to have been abandoned. It provided photographs of the property showing that the tenant had removed almost all her property and appears to have left behind rubbish and some items she did not want.
5. Because the premises have been abandoned and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
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7. The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
8. The landlord has tried but has been unable to contact the tenant.
9. It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
10. The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the [COMPANY]. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
11. The landlord may dispose of any goods that have no saleable value.
12. Because Palmerston North City Council has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
03 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 by showing photographs and a neighbour's report.
- The landlord provided rent records that proved the amount of rent owed at the end of the tenancy.
- The landlord was unable to contact the tenant to return the goods left behind.
- The landlord was awarded the filing fee because they wholly succeeded with their claim.
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 the tenant due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because 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 premises were abandoned and rent was in arrears, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 61, was applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were abandoned and rent was in 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?
For someone in a similar situation, if they abandon their premises and owe rent arrears, their tenancy could be terminated.
What evidence or documents mattered?
Photographs of the property showing that the tenant had removed almost all her property and left behind rubbish and some unwanted items were presented as evidence.