Tenancy Tribunal Terminates Tenancy Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because the tenant abandoned the property and did not pay rent. The Tribunal ruled that the premises were abandoned and rent was overdue, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant who abandons the premises and falls into rent arrears can have their tenancy terminated.
📖 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 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 left. 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 rent arrears. The Tribunal found that the premises were abandoned and rent was in arrears at the hearing date, allowing for termination under the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5466429 1
[2026] NZTT 5466429
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] and [NAME] must pay [COMPANY] $2,267.72 immediately, calculated as shown in the table below:
Description Landlord Tenant
Rent arrears to 6 May 2026 $2,267.72 Total award $2,267.72 Total payable by Tenant to Landlord $2,267.72
Reasons:
1. The hearing was held remotely. The landlord attended the hearing by video.
2. The tenants did not join the hearing by the telephone or video link provided. The tenants were called at the start of the hearing on the phone number provided on the application but did not answer the call.
3. The landlord has applied for termination of the tenancy for abandonment and rent arrears. The landlord waived its right to reimbursement of the filing fee.
__________________________________________________________________________________ 5466429 2
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. The tenancy is a periodic tenancy. On 30 April 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
6. The tenants rent account fell into arrears in February 2026. The landlord attempted to contact the tenant via telephone and visiting the property. A 14-day notice setting out that the tenants were to return to the property was placed in the tenants’ letterbox with an expiry date of 25 March 2026. Meanwhile the Ministry of Social Development advised that one of the tenants had been absent from New Zealand since 5 July 2025.
7. The landlord completed an inspection and saw clothes in the property on the floor and in the wardrobe, as well as furniture in the property. A further inspection was done on 30 April 2026 which showed no change to the state of the property since the earlier inspection on 13 March 2026.
8. As the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
9. Section 61(3) provides that a tenant who has a periodic tenancy and abandons the premises shall be liable to pay rent for 21 days after the date they first became aware or ought to have become aware that the tenant had abandoned the premises. Accordingly the tenants are liable for rent until 6 May 2026. Premises.
10. The landlord provided rent records which prove the amount owing at 6 May 2026.
__________________________________________________________________________________ 5466429 3
[NAME] 16 June 2026
__________________________________________________________________________________ 5466429 4
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 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/
__________________________________________________________________________________ 5466429 5
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 tenants abandoned the premises without reasonable excuse.
- Rent was in arrears before the hearing date.
- The landlord attempted to contact the tenants multiple times.
- The landlord provided proof of rent arrears through records.
❌ Tends to be rejected
- The tenants did not join the hearing to present their side.
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 rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated because the tenant abandoned the property and did not pay rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the premises were abandoned and rent was in arrears at the hearing date.
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 important argument was that the premises were abandoned and rent was in arrears at the hearing date.
Was the decision for or against the person who brought the case?
The decision was against the tenant 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 property and fall behind on rent payments.
What evidence or documents mattered?
Evidence included rent records showing arrears and inspections indicating the property was abandoned.