Tenancy Terminated for Abandonment and Unpaid Rent Arrears
📌 In brief
The Tenancy Tribunal terminated a tenant's lease because the tenant abandoned the premises and owed rent arrears. The Tribunal considered the tenant's failure to notify the landlord and the presence of evidence confirming the abandonment and unpaid rent.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent arrears can have their tenancy terminated under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies and the Tribunal is convinced that the tenant has left the property for good 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
In this Tenancy Tribunal decision, the tenancy of a tenant was terminated due to abandonment and unpaid rent arrears. The Tribunal found that the tenant had left the premises without reasonable excuse and owed rent arrears, thus satisfying the conditions for termination under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5155473
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room Suite 712, [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at Room Suite 712, [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 11.59 am on Wednesday 26 February 2025.
2. The [COMPANY] is to pay the bond of $1,192.00 (5423160-009) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $1,722.28 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $2,914.28 Total award $2,914.28 Bond $1,192.00 Total payable by Tenant to Landlord $1,722.28
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Reasons:
1. The landlord attended the remote hearing on 21 February 2025.
2. The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
3. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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. 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 20 February 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had previously been to the premises and found that the tenant’s personal effects had been removed. On 20 February 2025, the landlord received an email for the tenant which said, “What about my bond I moved out two weeks ago….” I consider this confirmation that the tenant had left the premises with rent owing.
6. As the premises have been abandoned, and rent is in arrear, the tenancy is terminated.
How much does the tenant owe?
7. The landlord provided rent records which prove the amount owing at the end of the tenancy will be $2,914.28.
S Young
25 February 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 tenant abandoned the premises without reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The landlord provided proof of the rent arrears through rent records.
❌ Tends to be rejected
- The tenant did not attend the hearing and provide evidence of their intent to return.
- The tenant did not notify the landlord of their departure or intention to abandon the premises.
- The tenant did not refute the landlord's claim of abandonment and rent arrears.
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 tenant's tenancy due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant had abandoned the premises and owed rent arrears, leading to the termination of the tenancy.
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 most critical argument was that the tenant had abandoned the premises without reasonable excuse and owed 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?
For someone in a similar situation, abandoning the premises and owing rent arrears could lead to the termination of their tenancy.
What evidence or documents mattered?
Evidence included the landlord's proof of rent arrears and confirmation of abandonment from the tenant's email.