Tenant Loses Tenancy Over Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant abandoned the property and owed rent. The Tribunal heard evidence that the tenant had left the premises and was not paying rent.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and leave rent arrears.
📖 Technical summary
The tenancy was terminated due to abandonment and unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to abandonment and unpaid rent arrears. The Tribunal found that the tenant had left the premises without intention to return and had not paid rent.
📚 Full judgment Official document
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[2025] NZTT 5152732
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as Agent for [COMPANY], at 2.30pm on Tuesday 11 March 2025.
2. The [COMPANY] is to pay the bond of $2,860.00 (6488831-002) to [COMPANY] as Agent for [COMPANY] immediately.
3. [NAME] must pay [COMPANY] as Agent for [COMPANY] $7,891.79 immediately, calculated as shown in the table below.
Description Landlord Tenant Rent arrears to 13 March 2025 $10,384.40 Water rates $340.39 Filing fee reimbursement $27.00 Total award $10,751.79 Less bond $2,860.00 Total payable by Tenant to Landlord $7,891.79
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Reasons:
1. The hearing was conducted by telephone. [NAME] for the landlord attended. The Tribunal made two calls to the tenant at the time of the hearing. I was satisfied that the tenant received proper notice of the hearing and therefore the hearing continued without her.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates and payment of the bond.
3. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is abandoned where the tenant leaves the premises not intending to return.
4. On 3 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had inspected the premises on 14 February when it appeared that the premises were occupied. On reinspection on 3 March, most of the furniture had been removed and neighbours confirmed that there had been no one at the premises for many days.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
6. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
7. The landlord produced invoices to prove the water rates owing as awarded.
8. The landlord has succeeded and so I have awarded the filing fee.
R Armstrong
11 March 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 premises, leaving most of the furniture removed.
- Neighbours confirmed the tenant had not been present for many days.
- Rent arrears were proven by the landlord's provided rent records.
- Invoices were presented to prove the amount of water rates owed.
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 tenant's tenancy due to abandonment and unpaid rent.
What was the dispute about?
The landlord claimed the tenant abandoned the property and owed rent, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises and left significant rent arrears.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 54
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the premises and left significant rent arrears.
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 could face termination of their tenancy if they abandon the premises and leave rent arrears.
What evidence or documents mattered?
The evidence included rent records, inspection reports, and statements from neighbours.