Tenant's Failure to Return Constitutes Abandonment

OUTCOME: Allowed

__________________________________________________________________________________ 5502170 1

[2026] NZTT 5502170

TENANCY TRIBUNAL AT QUEENSTOWN | TE TARAIPIUNARA RETIHANGA KI TĀHUNA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to Sri & [APPELLANT] at 1pm on Thursday 4 June 2026.

2. [RESPONDENT] is to pay $3,200, being rent arrears to 10 May 2026, to Sri & [APPELLANT] [COMPANY] from the bond.

3. The [COMPANY] is to pay the bond of $3,200.00 (BN-25096228) to Sri & [APPELLANT] immediately.

4. The hearing is adjourned.

5. Two hours will be allowed for the next hearing of this application, scheduled before me on the next available date to be conducted by video conference.

6. The landlord’s remaining claims are for removal of the tenant’s belongings and rubbish, cleaning, repairing damage, a garage remote and lock changing and further rent arrears.

__________________________________________________________________________________ 5502170 2

Reasons:

1. Only the landlord’s representative attended the hearing.

2. The landlord applied for termination of the tenancy for abandonment, rent arrears and payment of the bond.

3. The landlord’s application for expedited abandonment was unsuccessful and so the application was referred for hearing. The Tribunal’s order notes that the parties were communicating about ending the tenancy and they were discussing meeting at the premises for the tenant to remove her belongings. The [NAME] took the view that this was not clearly an abandonment, although it could be a breach of the fixed term tenancy agreement.

4. 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 without reasonable excuse, not intending to return or to meet their obligations.

5. The fixed term tenancy agreement was due to end on 14 December 2026.

6. Rent fell into arrears and the landlord informed the tenant that it wanted possession of the premises.

7. The tenant informed the landlord that she could not remain in the premises because she could not afford to pay the rent.

8. The parties arranged to meet at the premises on 6 May for the tenant to remove her belongings and clean the premises and to hand possession to the landlord. The landlord attended but the tenant did not.

9. The landlord then informed the tenant that he would be at the premises on 10 May for the handover. But the tenant did not attend.

10. Despite the landlord’s attempts to contact the tenant, there was no more communication from her.

11. The landlord spoke with Tenancy Services who advised him that he could not take possession of the premises unless the tenant had agreed to it.

12. The view I take of this is that there was no clear agreement that the tenant was giving or has given possession of the premises to the landlord. Her belongings were still in the premises and there was meant to be a meeting at the premises when the tenant would remove her belongings and hand over possession of the premises to the landlord. That did not happen.

13. The landlord tried to obtain written conformation from the tenant that he could take back possession, but it was not forthcoming.

__________________________________________________________________________________ 5502170 3

14. In these circumstances I find that tenant has abandoned the premises. Rent is in arrear and therefore the tenancy has been terminated immediately.

15. The landlord provided rent records which show that rent arrears to 10 May are $3,200. The landlord claims rent arrears beyond that date at least to the day of the hearing and possibly beyond. At this stage I have ordered payment of the $3,200 due to 10 May and for the bond in that sum to be paid to the landlord.

16. The landlord has other, end-of-tenancy, claims but they have not been finalised because the landlord has not had possession of the premises. I have therefore adjourned the application so that those claims can be finalised and dealt with at another hearing together with the claim for further rent arrears.

17. The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

[NAME]

05 June 2026

__________________________________________________________________________________ 5502170 4

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 [NAME] 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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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/

__________________________________________________________________________________ 5502170 5

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: