Tenant's Lease Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant abandoned the rental property and left behind unpaid rent. The Tribunal ruled that since the tenant moved away without giving proper notice and leaving rent arrears, the tenancy could be terminated.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and leave rent arrears.
📖 What the law says
This section 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. If the tenancy is ongoing (periodic), the Tribunal will also figure out when the landlord first knew or should have known the tenant had left. 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 was terminated due to abandonment and unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises and left rent arrears. The Tribunal found that the tenant had abandoned the premises and failed to notify the landlord, leading to the termination of the tenancy and an order for the tenant to pay outstanding rent.
📚 Full judgment Official document
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[2025] NZTT 5245272
TENANCY TRIBUNAL AT WHAKATANE | TE TARAIPIUNARA RETIHANGA KI WHAKATĀNE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] must pay [COMPANY] $65.14 immediately, being rent arrears to 9 January 2025.
Reasons:
1. The landlord attended the remote hearing.
2. The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
3. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
Should the tenancy be terminated?
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4. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date.1 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 December 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
6. On this date the tenant told the landlord’s call centre that she was moving to Australia the following day and the last day of the tenancy was the day of the tenant’s call to the landlord. However, the tenant did not give written notice to terminate the tenancy and has not returned to the premises.
7. The tenant is liable for the rent up to and including 21 days from this day. I note at the hearing I noted the period was 28 days however this date was amended in the RTA on 30 January 2024, before this application was filed.
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. The amount ordered includes rent in lieu of notice.
[NAME]
16 May 2025
1 See section 61 Residential Tenancies Act 1986.
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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 giving proper notice.
- The tenant did not intend to return to the premises.
- Rent arrears were present at the time of the hearing.
- The landlord was able to prove the amount of rent owed through provided records.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation during the hearing.
- The tenant did not return to the premises after stating they were moving to Australia.
- The tenant did not provide written notice to terminate the tenancy contract.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided to terminate the tenant's tenancy due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant abandoned the rental property and left rent arrears, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant abandoned the premises without notifying the landlord and left rent 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 tenant abandoned the premises without notifying the landlord and left rent 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?
For someone in a similar situation, abandoning the rental property and leaving rent arrears can lead to the termination of the tenancy.
What evidence or documents mattered?
The evidence that mattered included the landlord's proof of rent arrears and the tenant's failure to notify the landlord of the abandonment.