Tenant Abandons Property; Landlord Wins Tenancy Tribunal Case

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[2026] NZTT 5512768

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_3] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], immediately.

2. [NAME_3] must pay [COMPANY_1] $1,379.60 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 19 May 2026 and 21 days’ rent in lieu of notice

$1,379.60

Total award $1,379.60 Total payable by Tenant to Landlord $1,379.60

Reasons:

1. [NAME_4] appeared for the landlord by video. There was no appearance by the tenant.

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2. The tenancy commenced on 15 November 2022. On or about 14 May 2026, the landlord received advice from a third party that the tenant had left the property and the country.

3. On 19 May 2026, the landlord conducted an inspection. Photographs taken during the inspection have been provided.

4. On 22 May 2026, the landlord filed a claim seeking termination of the tenancy for abandonment and rent arrears.

5. There is no bond. The landlord has provided an up-to-date rent summary.

Law

6. The Tribunal may terminate the tenancy where the premises have been abandoned, and rent is in arrears at the hearing date. See section 61 of the Residential Tenancies Act 1986 (Act). 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.

7. Under section 61(3)(a) of the Act in the case of periodic tenancies the landlord is entitled to seek rent arears to the date of abandonment and thereafter 21 days’ rent from abandonment or until the landlord enters a new tenancy agreement, whichever is earlier.

Analysis and decision

8. I am satisfied that on 19 May 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The photographs taken on 19 May 2026 indicate that no one is occupying the property; it is empty. The rent summary shows that at the material time, the rent was in arrears.

9. As the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.

10. The landlord has provided rent records which prove the amount owing to 19 May 2026. The amount ordered also includes 21 days’ rent in lieu of notice.

G Barnett

12 June 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 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: