Tenancy Tribunal Terminates Tenancy Over Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant stopped paying rent and could not be contacted. The landlord was given control of the property and the tenant was ordered to pay back the missed rent.
⚖️ Legal holding
A tenant's failure to communicate and non-payment of rent constitutes a breach of tenancy agreement.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy. The tenant must apply within 14 working days of receiving the notice and argue that the landlord gave the notice because the tenant exercised a right or made a complaint about the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy and awarded possession to the landlord.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had abandoned the property and was in breach of key tenancy obligations, granting possession to the landlord and ordering the tenant to pay rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5176611
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] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] must pay [COMPANY] $2,004.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 14/04/2025 $2,004.00 Total award $2,004.00 Total payable by Tenant to Landlord $2,004.00
Reasons:
1. The landlord attended the hearing which was held by teleconference on 10 April 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice was completed and deemed it reasonable to proceed with the hearing.
2. This matter comes before the Tribunal on an application by the landlord seeking termination of the tenancy on the basis that the tenant has abandoned the
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property and is in breach of key tenancy obligations. The application also seeks possession of the premises.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
5. The tenancy commenced on 7 February 2024 and relates to a studio apartment fully furnished by the landlord, [NAME], a social housing provider. The tenancy agreement includes specific clauses, including:
a. Clause 14: the tenant must reside at the property at all times and use it principally as their home;
b. Clause 15: the tenant must notify the landlord in writing if they will be away from the property for more than 30 days;
6. These clauses are not unusual or intrusive in the context of social housing, where eligibility and subsidised rent are based on individual housing need and income. It is both reasonable and necessary that the property be used as the principal place of residence by the named tenant.
7. The landlord has provided a detailed timeline of efforts to contact the tenant, spanning from October 2024 to February 2025, all of which went unanswered. The last known contact regarding the tenant’s whereabouts was on 1 February 2025, when the landlord was notified by [NAME] ([NAME]), the tenant’s support provider, that the tenant may have left the country to visit his son in Australia. Prior notifications in November and December 2024 from [NAME] raised similar concerns that the tenant may not be residing at the property.
8. The evidence shows that the tenant has not used his swipe access card since 18 October 2024, and no rent payments have been made since 29 October 2024, resulting in accrued arrears of $1,416.00 at the time of the application.
9. The landlord served a 14-day notice to remedy rent arrears on 1 November 2024, which expired on 15 November 2024, but the breach was not remedied. Additional notices were delivered in December 2024 and January 2025 urging the tenant to return to the property. No response was received.
10. On 20 February 2025, a final property inspection was carried out by Senior Housing Support Managers. The unit was tidy and clean, but indicators of abandonment were clear:
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a. No power connected;
b. No perishable food in the refrigerator;
c. Tenant’s swipe card and keys were left inside the property;
d. No response to repeated contact attempts;
e. Letters from previous visits remained stuck to the door;
f. The tenant’s belongings were minimal and inconsistent with ongoing occupancy.
11. Under section 56(1) RTA, the Tribunal may terminate a tenancy where there has been a breach of the tenancy agreement and, given the nature and extent of the breach, it would be inequitable to refuse termination. While the Tribunal must consider whether a breach is capable of remedy, the abandonment of a tenancy is a serious and non-remediable breach, especially where the tenant has failed to communicate or make any attempt to explain prolonged absence, continued non-payment of rent, or to respond to the landlord’s repeated outreach.
12. The tenant has not disputed the application, nor has he made contact with the landlord or the Tribunal to provide an explanation or justification for his absence. The prolonged vacancy, lack of response, and rent arrears all point to a clear abandonment of the tenancy. The landlord has made reasonable efforts to establish contact, comply with procedural requirements, and verify abandonment.
13. In the circumstances, the Tribunal finds the breach is serious and ongoing. It would be inequitable to refuse termination, particularly where the property is in high demand for others in need of social housing.
J Setefano
14 April 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 did not use their swipe access card since October 18, 2024.
- No rent payments were made since October 29, 2024, resulting in rent arrears.
- The landlord served multiple notices to remedy breaches, which were ignored.
- The tenant did not dispute the application or provide any explanation for their absence.
❌ Tends to be rejected
- The tenant failed to communicate or respond to the landlord's repeated attempts to contact them.
- The tenant did not make any effort to explain their prolonged absence or non-payment of rent.
- The tenant left behind personal belongings but showed no signs of recent occupancy.
- The landlord made reasonable efforts to establish contact and verify abandonment, but these were not acknowledged by the tenant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy and gave the landlord control of the property.
What was the dispute about?
The landlord claimed the tenant had abandoned the property and was not paying rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had abandoned the property and was not communicating with the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The fact that the tenant had abandoned the property and was not paying rent was the most important argument.
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?
Someone in a similar situation might face termination of their tenancy if they abandon the property and do not pay rent.
What evidence or documents mattered?
Evidence included the tenant's non-payment of rent, lack of communication, and signs of abandonment in the property.