Tenant Abandons Property with Rent Arrears
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears and exemplary damages for abandoning the property without giving proper notice.
⚖️ Legal holding
A tenant who abandons a property with rent arrears is liable for rent up to 28 days' notice and may be subject to exemplary damages.
📖 What the law says
This section 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 the tenancy is ongoing, the Tribunal will determine when the landlord first knew or should have known the property was abandoned. A tenant who abandons the property is still responsible for paying rent for a certain period.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted possession of the premises to the landlord and ordered the tenant to pay rent arrears and exemplary damages.
📜 Headnote Official document
The Tenancy Tribunal granted possession of the premises to the landlord and ordered the tenant to pay rent arrears and exemplary damages for abandoning the property without reasonable excuse.
📚 Full judgment Official document
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[2025] NZTT 5121138
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] as agent for [COMPANY] is granted possession of the premises at Unit/[ADDRESS], [POSTCODE] immediately.
2. [NAME] and [NAME] must pay [COMPANY] as agent for [COMPANY] $3,900.92 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 21 January 2025 (including rent in lieu of notice)
$2,810.00
Power bill $13.92 Filing fee reimbursement $27.00 Exemplary damages: tenant abandoning without reason $1,050.00 Total award $3,900.92 Total payable by Tenant to Landlord $3,900.92
Reasons:
1. The landlord attended the hearing. The tenants did not attend and did not respond when telephoned on the numbers ending in 402 and 049.
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2. The landlord has applied for possession of the premises following abandonment of the tenancy, as well as rent arrears, outstanding outgoings, and exemplary damages for abandonment without reason.
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 (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. On 24 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenants had been messaging to say that they had no work and would likely be moving out of the property, however, no actual notice to vacate was given nor was any intended vacate date. On 24 December 2024 the tenants advised that the property had been vacated and the key was left inside the property.
5. At that time, records show the rent was in arrears.
6. Because the premises have been abandoned, and rent is in arrear, the tenancy is deemed to be abandoned on 24 December 2024 and terminated immediately.
How much does the tenant owe?
7. The landlord provided rent records which prove the amount owing at the end of the tenancy.
8. On 24 December 2024 the rent was in arrears $1,130.00 (this includes a $10.00 deduction for a single payment that had been made towards a bond).
9. Pursuant to s61(2) where a tenant abandons the premises, they are liable to pay the rent up to and including the date of the expiry of 28 days’ notice or the commencement of a new tenancy.
10. An additional 28 days’ notice amounts to $1,680.00. The amount ordered for rent arrears includes this additional rent in lieu of notice.
11. In addition, the landlord has provided evidence of an outstanding power bill for $13.92. The amount ordered is proved.
Exemplary damages
12. The landlord has also claimed for exemplary damages for the tenant abandoning the premises. The landlord advised that due to the Christmas
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period, it was impossible to find a new tenant or even arrange for contractors to prepare the property for new tenants.
13. A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
14. The tenant messaged on 24 December 2024 to advise they had left the property. Although they had earlier indicated that they might need to move out, they had not given any actual notice or advised of an intended vacate date. I find they have committed an unlawful act.
15. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
16. The tenant intended to abandon the property and must have been aware that the rent was in arrears, almost 21 days at the time. The impact of their actions was to place the landlord in a position where, due to the Christmas and holiday period, they were unable to re-tenant the property. It was difficult for the landlord to find cleaners and other tradespeople required and it caused delays in new tenants being found. The tenants did not attend the hearing, and therefore I have no evidence on their reason for abandonment and must assume there is no reasonable excuse.
17. The maximum penalty available reflects the seriousness of the breach. Usually, for a first incident, the Tribunal considers a starting point of around 30-40% of the maximum. I find this is reasonable in the circumstances. I have considered the fact that abandonment of a property has serious impacts to the other party. The amount awarded is $1,050.00.
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18. [COMPANY] as agent for [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.
[NAME]
17 February 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 abandoned the property without giving proper notice.
- The rent was in arrears at the time of abandonment.
- The landlord suffered significant inconvenience and delay in finding a new tenant due to the Christmas period.
- The tenant did not provide any reasonable excuse for abandonment.
- The amount of exemplary damages requested was within the legal limit set by the Residential Tenancies Act 1986.
❌ Tends to be rejected
- The tenant did not attend the hearing to present their side of the story.
- The tenant did not provide any evidence to mitigate the impact of their actions on the landlord.
- The tenant did not offer to pay the outstanding rent or resolve the situation before abandoning the property.
- The tenant did not attempt to communicate with the landlord regarding the intention to vacate the property.
- The tenant did not provide any proof of financial hardship or inability to pay the rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord possession of the premises and ordered the tenant to pay rent arrears and exemplary damages.
What was the dispute about?
The dispute was about the tenant abandoning the property without paying rent arrears and without giving proper notice to the landlord.
How did the court decide, and why?
The court decided to grant the landlord possession and order the tenant to pay because the tenant abandoned the property without reasonable excuse and left rent arrears outstanding.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 61 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the property without reasonable excuse and left rent arrears outstanding.
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 should ensure they provide proper notice and settle any rent arrears before abandoning a property.
What evidence or documents mattered?
The evidence included rent records showing arrears and messages indicating the tenant's intention to leave the property.