Tenant's Lease Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the lease of a tenant because they abandoned the rental property and left behind unpaid rent. The landlord showed the tenant had left the property without returning and owed money for rent.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent arrears is entitled to have their tenancy terminated under the Residential Tenancies Act 1986, s 61.
📖 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 unpaid rent. If the tenancy is ongoing (a periodic tenancy), the Tribunal will also figure out when the landlord first knew or should have known the tenant had left.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to abandonment and rent arrears, with the tenant owing $3,257.71.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant at a specific address due to abandonment and unpaid rent arrears. The landlord proved the tenant had abandoned the property and owed back rent.
📚 Full judgment Official document
__________________________________________________________________________________ 5160913 1
[2025] NZTT 5160913
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted] C/- [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Room Suite 319, [ADDRESS], [POSTCODE], [NAME]
ORDER
1. The tenancy of [NAME] at Room Suite 319, [ADDRESS], [POSTCODE], [NAME] is terminated, and possession is granted to [COMPANY] As Agents For Mr & Mrs J [NAME] C/- [NAME], at 4 pm, Friday, 28 March 2025.
2. The [COMPANY] is to pay the bond of $1,860.00 (5471313-014) to [COMPANY] As Agents For Mr & Mrs J [NAME] C/- [NAME] immediately.
3. [NAME] must pay [COMPANY] As Agents For Mr & Mrs J [NAME] C/- [NAME] $3,257.71 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 28 March 2025 $5,090.71 Filing fee reimbursement $27.00 Total award $5,117.71 Bond $1,860.00 Total payable by Tenant to Landlord $3,257.71
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Reasons:
1. The landlord’s agent, [NAME], attended the hearing via video.
2. The tenant, [NAME], did not attend the hearing. I called the cell number listed on the landlord’s application form, but without success.
3. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
4. 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.
5. On 19 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
6. I asked Ms. [NAME] why she believed [NAME] abandoned the property. [NAME] in her evidence said after mediation, [NAME] ceased all contact with her. She visited the property on 19 March 2025 and discovered it had been emptied of all belongings belonging to [NAME].
7. [NAME] also said Mr [NAME] had left the key on the kitchen bench, a strong indicator of voluntary departure without intent to return.
8. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
9. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Filing fee
10. [COMPANY], As Agents For Mr & Mrs J [NAME] C/- [NAME], has wholly succeeded with the claim, I must reimburse the filing fee.
__________________________________________________________________________________ 5160913 3
M Kan
28 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 [NAME]/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 [NAME]/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.[NAME]/disputes/enforcing-decisions https://www.[NAME]/disputes/enforcing-decisions http://www.[NAME]/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: [NAME]/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 it empty of all belongings.
- The tenant left the key on the kitchen bench, indicating voluntary departure without intent to return.
- Rent was in arrears at the time of the hearing.
❌ Tends to be rejected
- The tenant did not attend the hearing to provide their side of the story.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to abandonment and rent arrears, and the tenant was ordered to pay $3,257.71.
What was the dispute about?
The dispute was over whether the tenant abandoned the property and owed rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the property and owed rent arrears, as evidenced by the property being empty and the tenant ceasing all contact.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 61 was applied.
What was the argument that mattered most?
The most important argument was that the tenant abandoned the property and owed rent arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the tenancy was terminated and the tenant was ordered to pay $3,257.71.
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 property and owe rent arrears.
What evidence or documents mattered?
Evidence included the property being empty and the tenant ceasing all contact.