Tenancy Terminated for Failure to Live at Home
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant who stopped living at the home as required by their agreement. The Tribunal found that the tenant had abandoned the property and did not fix the problem within the given time frame.
⚖️ Legal holding
A tenant must live at the home at all times as per their agreement with the landlord.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if one party breaks the tenancy agreement or the Act. If the problem can be fixed, the other party must be given a notice explaining the breach and at least 10 working days to fix it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to live at the home as required by the agreement.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant for failing to live at the home as required by the agreement. The Tribunal found that the tenant had abandoned the property and failed to remedy the breach within the notice period.
📚 Full judgment Official document
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[2025] NZTT 5176612
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [NAME]– Homes and Communities immediately.
Reasons:
Background
1. The application seeks termination of the tenancy on the grounds of breach.
2. The hearing took place by phone on 3 March 2025. Ms [NAME] represented [NAME] at the hearing. I was unable to contact [NAME] on the phone number provided. The hearing proceeded in [NAME]’s absence.1
Findings
3. The Tenancy Tribunal may make an order terminating a tenancy if:2
1 Section 92 Residential Tenancies Act 1986 (“RTA”) 2 Section 56 RTA
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a. The tenant breached a term of the tenancy agreement or of the Residential Tenancies Act 1986; and
b. In the case of a breach that is capable of being remedied, the landlord gave the tenant a notice describing the breach and giving the tenant a reasonable period of time (not less than 14 days) to remedy the breach; and
c. The tenant failed to remedy the breach within the notice period; and
d. The nature and extent of the breach is such that it would be unreasonable to refuse the landlord’s request for termination.
4. [NAME]’s tenancy agreement includes terms that require him to “live at the home at all times” and to notify [NAME] if he is going to be away from the home for more than 30 days.
5. These clauses are common social housing tenancy agreements. The Tenancy Tribunal has upheld these clauses on the grounds that social housing providers have a legitimate interest in ensuring that the limited pool of housing is fully utilised and occupied.
6. In November 2024, [NAME] became aware that the lawns were very overgrown at the property. They attempted to contact [NAME] but it was apparent that he was not living there. They were eventually able to contact [NAME] via his mother.
7. On 13 December 2024, [NAME] delivered a breach notice to the letterbox of the property, requiring [NAME] to return and occupy the house.
8. [NAME] met with [NAME] on 19 December. At that time [NAME] indicated that he intended to return to the property.
9. [NAME] carried out a property inspection on 14 January 2025. [NAME] was no there. The house was untidy.
10. [NAME] have been unable to contact [NAME] recently.
11. I am satisfied that:
a. [NAME] breached the tenancy agreement. It appears that he has not lived at the home since at least November 2024.
b. [NAME] issued a breach notice.
c. [NAME] failed to remedy the breach within the notice period.
d. It would be inequitable to refuse the request for termination. [NAME] has had ample opportunity to return to the home or to communicate with [NAME] about whether he still needs the house. [NAME] has clients in urgent need of housing.
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12. The tenancy is terminated immediately, and possession is granted to [NAME].
[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 tenant breached the tenancy agreement by not living at the home since at least November 2024.
- The landlord issued a breach notice to the tenant.
- The tenant failed to remedy the breach within the notice period.
- It would be unfair to refuse the landlord's request for termination because the tenant had many chances to return or communicate.
- The landlord has other clients who urgently need housing.
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.
What was the dispute about?
The dispute was about whether the tenant had breached the tenancy agreement by not living at the home.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had abandoned the property and did not remedy the breach within the notice period.
Which laws or rules were applied?
The Residential Tenancies Act 1, section 56 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had abandoned the property and did not remedy the breach within the notice period.
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, it means that they must live at the home as required by their agreement or risk having their tenancy terminated.
What evidence or documents mattered?
The evidence that mattered included the breach notice and the property inspections showing the tenant was not living at the home.