Tenancy Tribunal Refuses Expedited Termination of Tenancy

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[2026] NZTT 5438572

TENANCY TRIBUNAL AT

APPLICANT: [redacted] Verity Rowley

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The application for termination under the expedited abandonment process is not granted.

2. The application is referred to Tenancy Services for a full hearing to be scheduled.

Reasons:

1. The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA of the Residential Tenancies Act 1986 (RTA).

Are there grounds for an expedited application?

2. The two requirements for the expedited process are:

a. The tenant does not want to contest the abandonment application;

b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of the information alone or with only minor clarifications).

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3. If the requirements for the expedited process are met, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. (See section 61 of the 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.

4. A brief summary of the background is as follows:

a. On 15 August 2025, the tenancy commenced;

b. The landlord says that at the start of 2026 the tenant said she wanted to breach the fixed term of the tenancy;

c. According to the rent ledger provided by the landlord, the tenant has been in rent arrears since 16 January 2026;

d. On 30 January 2026, the tenant sent the following email to the landlord:

I am writing to confirm that I am still seeking to terminate the lease for the property.

The house is now ready for inspection at your convenience.

I would also like to note that a few items have been left at the property, including bedside tables, cubbies, bar stools, a plant, and a Himalayan salt lamp. We were unable to transport these to our new property, but we are happy for the next tenant to make use of and keep them if suitable. Alternatively, we can arrange for these items to be disposed of if preferred.

Regarding the two outstanding weeks of rent, I kindly ask if this amount could please be deducted from the bond, as I am currently not employed and in the process of relocating.

Please let me know how you would like to proceed and if you require anything further from me.

5. I am not satisfied that both conditions for the expedited process are met. It is clear that the tenant has vacated the premises. It is also clear that the tenant does not intend to return to the premises. I accept that the tenant was in rent arrears at the date the tenant vacated the premises. However, in this case, the tenant has not failed to notify the landlord.1 To the contrary, via the email of 30 January 2026, the tenant has notified the landlord in writing that she is vacating the premises and will not be returning.

6. It is possible that the tenant’s actions amount to breach of the tenancy

1 As set out at paragraph 3 above, in order for abandonment to have occurred, the tenant must have failed to notify the landlord that they are leaving the premises, not intending to return.

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agreement. However, this is a claim for expediated abandonment, and it is not open to me to make any findings in that regard.

7. The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

K Henry

20 February 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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 [NAME_3]/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 [NAME_3]/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.[NAME_3]/disputes/enforcing-decisions https://www.[NAME_3]/disputes/enforcing-decisions http://www.[NAME_3]/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: [NAME_3]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: