Tenant ordered to pay rent arrears and abandon tenancy
📌 In brief
The Tenancy Tribunal ordered the tenant to pay $699.43 in rent arrears and terminate the tenancy because the tenant abandoned the premises without paying rent.
⚖️ Legal holding
A tenant must pay rent arrears and the tenancy can be terminated if the premises are abandoned and rent is in arrears.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if a landlord applies and can show that the tenant has left the property and owes rent. If the tenancy is ongoing (periodic), the Tribunal will also figure out when the landlord first knew or should have known the property was abandoned. 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 Tenancy Tribunal ordered the tenant to pay rent arrears and terminate the tenancy due to abandonment.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay $699.43 in rent arrears and terminate the tenancy due to abandonment of the premises.
📚 Full judgment Official document
__________________________________________________________________________________ 5219371 1
[2025] NZTT 5219371
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
2. [The tenant/s] must pay [COMPANY] $699.43 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 27/03/2025 $699.43 Total award $699.43 Total payable by Tenant to Landlord $699.43
Reasons:
1. The landlord attended the teleconference hearing. The tenant did not.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund 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. 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.
__________________________________________________________________________________ 5219371 2
4. On 6 March 2025, the landlord became aware that the tenant had abandoned the premises after having visited the premises to investigate possible abandonment. The lawns were very long and there were very little left belongings left inside.
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 owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
7. As this was a periodic tenancy, the tenant must pay rent up to 21 days after when the landlord became aware of the tenant’s abandonment.
8. I order the tenant to pay the landlord $699.43 for rent up to 27 March 2025.
[NAME] 15 April 2025
__________________________________________________________________________________ 5219371 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the tenant abandoned the premises by observing overgrown lawns and few belongings inside.
- The landlord provided rent records that confirmed the amount of rent owed by the tenant.
- The tenancy was terminated because the premises were abandoned and rent was overdue.
- The tenant was ordered to pay rent for 21 days after the landlord became aware of the abandonment, as it was a periodic tenancy.
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 $699.43 in rent arrears and the tenancy was terminated.
What was the dispute about?
The dispute was about whether the tenant abandoned the premises and owed rent arrears.
How did the court decide, and why?
The court decided that the tenancy should be terminated and the tenant must pay rent arrears because the tenant abandoned the premises without paying rent.
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 premises without paying rent.
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 might also be ordered to pay rent arrears and terminate the tenancy if they abandon the premises without paying rent.
What evidence or documents mattered?
The evidence included rent records and observations of the premises showing abandonment.