Tenant's Tenancy Terminated for Abandonment
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they abandoned the property and hadn't paid rent. This decision was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if the premises are abandoned and rent is in arrears.
📖 What the law says
This rule 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 determine when the landlord first knew or should have known about the abandonment. 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 a tenant for abandonment and unpaid rent, citing Section 61 of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5207133
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately
Reasons:
1. The hearing was conducted remotely on Microsoft Teams.
2. [NAME] attended the hearing for the landlord.
3. The tenant did not attend. The hearing proceeded in the tenant’s absence.
4. The landlord has applied for termination of the tenancy for abandonment.
5. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date.1
6. On 19 February 2025, the landlord became aware that the tenant had abandoned the premises. Rent is in arrear at the hearing date.
1 Under s 61 of the Residential Tenancies Act 1986.
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7. Because the tenant has abandoned the premises, and rent is in arrear, the tenancy is terminated immediately.
R Kee
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 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 abandoned the premises.
- Rent was in arrears at the time of the hearing.
- The landlord became aware of the abandonment on February 19, 2025.
- The hearing proceeded in the tenant’s absence as the tenant did not attend.
❌ Tends to be rejected
- The tenant did not provide any defense or explanation for their absence.
- The tenant did not challenge the fact that rent was in arrears.
- The tenant did not attend the hearing to contest the termination of the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's lease for abandonment and unpaid rent.
What was the dispute about?
The landlord claimed the tenant abandoned the property and owed rent.
How did the court decide, and why?
The court decided to terminate the tenancy because the premises were abandoned and rent was in arrears, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 61 of the Residential Tenancies Act 1986 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 who abandons their rental property and owes rent could face having their tenancy terminated.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents used.