Tenant Ordered to Pay Rent Arrears After Abandoning Tenancy Without Notice
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay rent arrears and a filing fee after abandoning the tenancy without notice. The amount was reduced because the landlord failed to mitigate losses.
⚖️ Legal holding
A tenant must pay rent arrears and a filing fee when they abandon a tenancy without notice, provided the landlord mitigates their losses.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee, reducing the amount due to the landlord's failure to mitigate losses.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay rent arrears and a filing fee to the landlord after the tenant abandoned the tenancy without notice. The amount was reduced due to the landlord's failure to mitigate losses.
📚 Full judgment Official document
__________________________________________________________________________________ 5208052 1
[2025] NZTT 5208052
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Altitude
ORDER
1. [NAME] must pay [COMPANY] trading as [NAME] $6,097.01 immediately, as calculated in the table below:
Description Landlord Tenant
Rent arrears to 1 May 2025 ($10,310.01 less $3,000.00 by mitigation of loss) Filing fee
$7,310.01
$27.00
Total award $7,337.01 Bond $1,240.00 Total payable by Tenant to Landlord $6,097.01
2. The Bond Centre is to pay the bond of $1,240.00 (5466813-017) to [COMPANY] trading as [NAME] immediately.
__________________________________________________________________________________ 5208052 2
Reasons:
1. [NAME] represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. The registrar’s call to the tenant went to voice mail.
2. The tenant abandoned the tenancy without notice.
3. The tenancy was a periodic tenancy. The landlord first became aware that the tenant had abandoned when he did an inspection during the last week of April 2025.
4. The landlord has taken possession and a new tenancy started on 2 May 2025.
5. Termination and possession orders are no longer sought.
6. The tenant last paid rent on 30 October 2024.
7. [NAME] said the tenancy ‘got lost in the system’ and the property manager was too lenient.
8. A landlord has a duty to mitigate loss by applying to terminate a tenancy for rent arrears promptly.
9. Here, the landlord delayed causing a loss that otherwise would not have arisen.
10. I have therefore reduced the amount of rent arrears by $3,000.00 to take into account the landlord’s duty to mitigate.
11. I have awarded the landlord the filing fee as the application is successful.
J Greene
19 May 2025
__________________________________________________________________________________ 5208052 3
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/
__________________________________________________________________________________ 5208052 4
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 landlord mitigated their losses by taking possession and starting a new tenancy.
- The tenant abandoned the tenancy without notice.
- The landlord applied to terminate the tenancy for rent arrears promptly.
❌ Tends to be rejected
- The landlord was too lenient and let the tenancy 'get lost in the system'.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay rent arrears and a filing fee to the landlord.
What was the dispute about?
The dispute was about the tenant abandoning the tenancy without notice and owing rent arrears.
How did the court decide, and why?
The court decided that the tenant must pay the rent arrears and a filing fee, but reduced the amount due to the landlord's failure to mitigate losses.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The most important argument was the landlord's failure to mitigate losses, which led to a reduction in the amount owed by the tenant.
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 mitigate any losses to avoid having the amount owed reduced.
What evidence or documents mattered?
The evidence included the abandonment of the tenancy without notice and the landlord's inspection of the property.