Tenant's Tenancy Terminated Due to Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they abandoned the rental property and left unpaid rent. The landlord showed that the tenant had left the premises and owed back rent, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if they abandon the premises and leave rent arrears.
📖 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 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 rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and unpaid rent arrears. The landlord proved that the tenant had abandoned the premises and owed rent arrears. The decision was based on the Residential Tenancies Act 1986, section 61.
📚 Full judgment Official document
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[2025] NZTT 5249714
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
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] as agent for [NAME], immediately.
2. [NAME] must pay [COMPANY] as agent for [NAME] $1,501.24 immediately, as calculated below:
Description Landlord Tenant
Rent arrears to 29 April 2025 and 3 weeks’ rent in lieu of notice
$4,568.58
Water rates $145.66 Filing fee reimbursement $27.00 Total award $4,741.24 Bond $3,240.00 Total payable by Tenant to Landlord $1,501.24
3. The Bond Centre is to pay the bond of $3,240.00 (5152419-009) to [COMPANY] as agent for [NAME] immediately.
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Reasons:
1. The landlord’s representative attended the hearing. The tenant did not attend.
2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates, the filing fee, and refund of the bond.
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 29 April 2025 the landlord became aware that the tenant had abandoned the premises. A routine inspection was conducted. The tenant had removed most of his possession and the remaining items appeared to be packed and ready to be taken.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount of rent owing at the date the landlord discovered the tenancy abandoned. The tenant is liable for an additional 3 weeks’ rent in lieu of notice because the tenancy was a periodic tenancy. The amount ordered for rent arrears includes rent in lieu of notice.
7. The landlord correctly applied for a possession order. While rent beyond the 3- week rent in lieu of notice period cannot be awarded in this case, that is not the result of any lack of action by the landlord who made the application promptly.
8. As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
J Greene
04 June 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 tenancy was terminated because the tenant abandoned the premises and owed rent.
- The landlord proved the amount of rent owed through rent records.
- The tenant was liable for an additional three weeks' rent because it was a periodic tenancy.
- The landlord promptly applied for a possession order.
- The tenant had to pay the landlord's filing fee because the application was successful.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy of the tenant was terminated due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant had abandoned the rental property and owed unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had abandoned the premises and owed rent arrears, as per the Residential Tenancies Act 1986.
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 proving that the tenant had abandoned the premises and owed rent arrears.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, abandoning a rental property and leaving unpaid rent could lead to the termination of their tenancy.
What evidence or documents mattered?
Evidence such as rent records and proof of abandonment mattered in this case.