Tenant's Lease Terminated for Abandonment and Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because the tenant abandoned the property and owed rent. The landlord was granted immediate possession and the tenant was ordered to pay $2,401.00.
⚖️ Legal holding
A tenant's tenancy can be terminated if the premises are abandoned and rent is in arrears.
📖 What the law says
This section 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 was terminated due to abandonment and unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to abandonment and unpaid rent arrears. The landlord had attempted to contact the tenant and found the premises abandoned with rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5243291
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
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] $2,401.00 immediately, as calculated in the table below:
Description Landlord Tenant Rent arrears to 9 April 2025 (including rent in lieu of notice)
$2,401.00
Total award $2,401.00 Total payable by Tenant to Landlord $2,401.00
Reasons:
1. The landlord attended the hearing. There was no appearance by the tenant and the hearing proceeded in their absence.
2. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
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Should the tenancy be terminated?
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.
4. On 12 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
5. From February 2025 the landlord had tried to contact the tenant several times and had also visited the premises. They had left letters and calling cards at the property and letter box and when they visited the property on 12 March 2025, these items were still there. In addition, the back window had been smashed and another window open. Family had advised the landlord that the tenant may be living in another city, however, the landlord has not been able to confirm this with the tenant.
6. Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
7. The landlord provided rent records which prove the amount owing of $2,401.00. at the end of the tenancy. The amount ordered includes rent in lieu of notice through to 9 April 2025, being 28 days after the abandonment date identified above.
[NAME]
14 May 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 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 landlord proved the tenant abandoned the premises by leaving behind letters and calling cards.
- The landlord showed multiple unsuccessful attempts to contact the tenant since February 2025.
- The landlord confirmed rent arrears through provided rent records totaling $2,401.00.
- The landlord demonstrated the premises were left in disarray with broken and open windows.
- The landlord received confirmation from family members that the tenant might be living elsewhere.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for abandoning the premises.
- The tenant did not refute the landlord’s claims of abandonment and unpaid rent.
- The tenant did not appear in court to contest the termination of the tenancy.
- The tenant did not offer any proof of intent to return to the premises.
- The tenant did not challenge the calculation of rent arrears provided by the landlord.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the landlord was granted possession immediately, with the tenant ordered to pay $2,401.00.
What was the dispute about?
The dispute was about 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 premises were abandoned and rent was in 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 premises were abandoned and rent was in 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?
Someone in a similar situation could face termination of their tenancy if they abandon the property and owe rent.
What evidence or documents mattered?
Letters, calling cards, and rent records were presented as evidence.