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 failed to pay rent. The landlord was given possession of the property and the tenant was ordered to pay back rent.
⚖️ Legal holding
A tenant must continue to pay rent and maintain the property until the tenancy is formally terminated.
📖 What the law says
This rule allows the Tenancy Tribunal to end a tenancy if the landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If the Tribunal ends a periodic tenancy, it must figure out when the landlord first knew or should have known the tenant had abandoned the property. A tenant who abandons the property is 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 for abandonment and unpaid rent, granting possession to the landlord and ordering payment of rent arrears.
📚 Full judgment Official document
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[2025] NZTT 5189853
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. [NAME] must pay [COMPANY] $1,770.55 immediately, being rent arrears to 18 March 2025.
Reasons:
1. [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 155, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in her absence.
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2. The landlord has applied for termination of the tenancy for abandonment and rent arrears.
Should the tenancy be terminated?
3. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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, and fails to notify the landlord. See section 61 Residential Tenancies Act 1986 (“RTA”).
4. On 18 February 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said the tenant had moved into emergency housing after an incident at the property in late December 2024, then they received notice from the Ministry of Social Development in late January 2025 that circumstances had changed for the tenant as she was no longer residing at the property. The landlord drove past the property and noticed overgrown lawns and rubbish outside the property. The landlord issued a return to property notice to the tenant, expiring on 17 February 2025. The landlord then attended the property on 18 February 2025 to inspect the property. The landlord provided an Inspection Report and photographs, dated 18 February 2025, and an updating Inspection Report with photographs dated 11 April 2025. The photographs provided show a lot of rubbish strewn through the inside and outside of the property, overgrown lawns, not much furniture, mattresses on the floor without bedding and no important personal belongings shown. The landlord said they received a complaint from a neighbour that the property appeared abandoned, as the tenant had not been seen by the neighbour for a while, and the neighbour said they had seen unknown people going into the property and dumping rubbish. The landlord then attended at the property to mow the lawns, which they said were knee high, and clear the outside rubbish. The landlord said there were 7/8 shopping trolleys also left at the property. The landlord said they have made numerous attempts to communicate with the tenant, mostly without success. The landlord confirmed the tenant has not returned to the property. I am persuaded by the evidence provided that the tenant has likely abandoned the property.
5. Because the premises have been abandoned, and rent is in arrears, the tenancy is terminated immediately.
How much does the tenant owe?
6. Section 61(3)(a)(i) RTA provides that the tenant is liable to pay rent for 28 days from the date the Tribunal specifies as the date the landlord first became aware that the property was abandoned. I accept the landlord’s contention, based on
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the evidence provided, and find that the landlord first became aware that the property was abandoned on 18 February 2025. Therefore, the tenant is liable to pay rent to 18 March 2025.
7. The landlord provided rent records which prove the amount owing to 18 March 2025, which is $1770.55. The amount ordered includes rent in lieu of notice.
C Price
16 April 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 [NAME] 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 property without reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The landlord provided evidence showing the property was abandoned.
- The landlord attempted to communicate with the tenant but was mostly unsuccessful.
- The landlord provided inspection reports and photographs showing the state of the abandoned property.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for abandoning the property.
- There was no evidence presented by the tenant to dispute the abandonment claim.
- The tenant did not return to the property despite the landlord's attempts to contact them.
- The tenant did not refute the landlord's claims of abandonment and rent arrears.
- The tenant did not provide any counter-evidence to challenge the landlord's assertions.
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 lease and grant possession to the landlord.
What was the dispute about?
The dispute was about whether the tenant had 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 overgrown lawn and lack of personal belongings.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 61, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the property without reasonable excuse and failed to notify the landlord.
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 should ensure they do not abandon their property and continue to pay rent to avoid termination of their lease.
What evidence or documents mattered?
Photographs showing the abandoned state of the property and rent records were crucial evidence.