Tenant Abandons Property; Tenancy Terminated
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenants abandoned the property without giving proper notice. The Tribunal ordered the tenants to pay damages to the landlord.
⚖️ Legal holding
A tenant who abandons a property without notice and leaves rent arrears is liable for exemplary damages under the Residential Tenancies Act 1986.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies and the Tribunal is satisfied that the tenant has left the property and owes rent. If it's a periodic tenancy, the Tribunal will figure out when the landlord first knew or should have known the tenant had left. A tenant who abandons the property is still responsible for paying rent for a certain period.
This rule allows a landlord, tenant, or the chief executive to ask the Tenancy Tribunal to order someone else to pay exemplary damages if that person has committed an unlawful act. There are time limits for making such an application, generally no later than 12 months after the tenancy ends for certain unlawful acts.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated a tenancy due to abandonment and awarded damages.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the respondents due to abandonment and awarded damages under the Residential Tenancies Act 1986. The Tribunal found that the respondents abandoned the premises without reasonable excuse and failed to notify the landlord.
📚 Full judgment Official document
__________________________________________________________________________________ 5121140 1
[2025] NZTT 5121140
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENTS: [redacted]
Tenants
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] and [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is immediately granted to [COMPANY].
2. The [COMPANY] is to pay the bond of $1,460.00 (6173117-001) to [COMPANY] immediately.
3. [NAME] and [NAME] must pay [COMPANY] $2,414.14 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears $2,397.14 Rubbish removal $450.00 Exemplary damages - abandonment $1,000.00 Filing fee reimbursement $27.00 Total award $3,874.14 Bond $1,460.00 Total payable by Tenant to Landlord $2,414.14
__________________________________________________________________________________ 5121140 2
Reasons:
1. This hearing was scheduled to be heard by teleconference. The tenants did not link to the Teams link provided and nor did they answer their phones when called. The hearing proceeded in their absence.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, compensation for rubbish removal, exemplary damages for abandonment, reimbursement of the filing fee and payment of the bond.
Should the tenancy be terminated?
3. 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.
4. On 24 December 2024 the landlord became aware that the tenants had abandoned the premises, when advised by a neighbouring tenant that they had left. The tenants had not given notice of termination to the landlord.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much do the tenants owe?
6. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
7. Further to this I am ordering the tenants to pay the invoiced cost of removing the rubbish left at the premises. I accept that the landlord had to remove the rubbish immediately to prevent a rodent infestation.
8. Abandoning a tenancy is an unlawful act as per the provisions of s61(5) of the Residential Tenancies Act 1986 (RTA). This unlawful act attracts an award of up to $1,500.00 in exemplary damages.
9. Section 109 RTA provides that if the Tribunal is satisfied that a party has intentionally committed an unlawful act, then the Tribunal may make an award of exemplary damages after having regard to the intent of the person committing the unlawful act, the effect of the unlawful act, the interests of the person against whom the unlawful act was committed and the public interest.
10. I am ordering the tenants to pay the landlord $1,000.00 in exemplary damages.
11. In coming to this amount I have taken into account that the tenants intentionally abandoned the premises and that this meant that the landlord was not paid the
__________________________________________________________________________________ 5121140 3
rent that they could normally expect. Abandoning premises without notice also does not allow the landlord the opportunity to get a new tenant in a timely way.
12. I have also taken into account that there is a strong public interest in tenants abiding by their obligation to pay rent as agreed.
13. I note that the landlord advised that as at today’s date a further $1,199.22 would be owing in rent. I am not allowing the whole amount in exemplary damages because there is a normal time lag between one tenant leaving and another arriving.
14. I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them.
C ter Haar
12 February 2025
__________________________________________________________________________________ 5121140 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 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/
__________________________________________________________________________________ 5121140 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 property without giving notice.
- The tenants left rent arrears at the time of abandonment.
- The landlord had to remove rubbish left behind, causing additional costs.
- The tenants' abandonment was intentional and caused harm to the landlord.
- The landlord was successful in the claim and should be reimbursed for the filing fee.
❌ Tends to be rejected
- The full amount of future rent arrears was not included in the exemplary damages.
- The tenants' failure to attend the hearing did not affect the decision on damages.
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 ordered the tenants to pay damages to the landlord.
What was the dispute about?
The dispute was about whether the tenants abandoned the property without reasonable excuse and owed rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenants abandoned the property without notice and left rent arrears. The court also awarded damages to the landlord.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 61 and 109 were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenants abandoned the property without reasonable excuse and left rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenants who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide proper notice if they plan to abandon a property and pay any outstanding rent arrears.
What evidence or documents mattered?
The evidence included rent records and the landlord's testimony about the abandonment of the property.