Tenant ordered to pay $2,271.43 in rent arrears and abandon premises
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $2,271.43 in rent arrears and abandon the premises, terminating the tenancy due to abandonment and unpaid rent.
⚖️ Legal holding
A tenant must pay rent arrears and abandon the premises to allow termination of the tenancy.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. Even if a tenant abandons the property, they are still responsible for paying rent for a certain period.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal terminated the tenancy and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $2,271.43 in rent arrears and abandon the premises, terminating the tenancy due to abandonment and unpaid rent.
📚 Full judgment Official document
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[2025] NZTT 5195674
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $2,271.43 immediately, being rent arrears to 18 March 2025.
2. The tenancy is terminated and possession granted to [COMPANY] immediately.
Reasons:
1. [NAME] attended the hearing on behalf of the landlord. Two attempts to reach the tenant by phone were unsuccessful.
2. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
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.
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4. The tenancy began on 25 October 2024. On 18 November 2024 a Senior Housing Support Manager visited the property regarding rent arrears. The landlord provided a rent summary from the start of the tenancy showing that the tenant had missed at least two payments. The tenant then made five rent payments, including some extra to clear the arrears. The last payment was on 14 December 2024.
5. On 31 January 2025 they visited the property with a breach notice. He manager noticed an overwhelming bad smell and a lot of blowflies in the house. Police were called to investigate and rule out a suspected death. After gaining access, Police confirmed meat in the freezer had defrosted and rotted, causing the bad smell. Police noted the power was disconnected and believed it was turned off some time ago due to the smell.
6. After Police gained access to the house on 31 January 2025, two urgent Health and Safety jobs were issued to change the locks as the house could not be resecured without the tenants’ keys. A further job was issued to clean the rotting meat in the freezer.
7. On 19 February 2025, the landlord visited the property to confirm if the breach notice had been remedied. [NAME] was not present and failed to answer calls made while on site. It was noted [NAME]’s mailbox was full of mail and her power was still disconnected.
8. From 18 November 2024 the landlord completed eight home visits, tried to call her on ten occasions, including her emergency contact and sent five text messages, without making contact. Five letters were also issued.
9. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
10. On 19 February 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
11. 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.
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[NAME] 25 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 left the premises without paying rent and without notifying the landlord.
- The landlord provided proof of rent arrears through detailed records.
- The landlord attempted multiple times to contact the tenant without success.
❌ Tends to be rejected
- The tenant did not provide any explanation for abandoning the premises.
- The tenant did not respond to the breach notice or make any further rent payments.
- The tenant did not contest the landlord's claims of abandonment and arrears during the hearing.
- The tenant did not show up to defend themselves at the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay $2,271.43 in rent arrears and abandon the premises, terminating the tenancy.
What was the dispute about?
The dispute was about whether the tenant should be required to pay rent arrears and abandon the premises.
How did the court decide, and why?
The court decided to terminate the tenancy and order the tenant to pay rent arrears because the premises were abandoned and rent was in arrears.
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 premises were abandoned and rent was in arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they do not abandon the premises and keep up with rent payments to avoid termination of the tenancy.
What evidence or documents mattered?
Evidence included rent records and reports of home visits and attempts to contact the tenant.