Tenant's Tenancy Terminated for Abandonment
📌 In brief
The Tenancy Tribunal terminated the tenant's tenancy due to abandonment and ordered the tenant to pay rent arrears. The landlord had not heard from the tenant since February 2026 and the premises were unoccupied.
⚖️ Legal holding
A tenant's failure to maintain contact and abandon the premises justifies termination under the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal terminated the tenancy due to abandonment and ordered the tenant to pay rent arrears.
📜 Headnote Official document
The Tribunal terminated the tenancy of the tenant at the specified address due to abandonment under section 61 of the Residential Tenancies Act 1986. The tenant was ordered to pay rent arrears of $1,131.43.
📚 Full judgment Official document
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[2026] NZTT 5510313
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME_2] at Unit/Flat [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], effective 5 June 2026.
2. [NAME_2] must pay [COMPANY_1] $1,131.43 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears (to 05/06/2026) $1,131.43 Total award $1,131.43 Total payable by Tenant to Landlord $1,131.43
Reasons:
1. The hearing was held by video conference on 9 June 2026. The landlord attended. The tenant did not attend.
2. The Tribunal attempted to contact the tenant on the contact details provided but was unable to do so. I was satisfied that adequate service of the hearing notice
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had been completed and considered it appropriate to proceed with the hearing in the tenant’s absence.
3. The landlord, [NAME_1], applied for termination of the tenancy on the basis of abandonment under section 61 of the Residential Tenancies Act 1986 (the Act), possession of the premises, rent arrears, and refund of the bond.
4. The tenancy commenced on 20 June 2024. At the time the application was filed, the tenant was in rent arrears and the landlord had serious concerns that the premises had been abandoned.
Should the tenancy be terminated?
5. Section 61 of the Act provides that the Tribunal may terminate a tenancy where it is satisfied that the tenant has abandoned the premises and rent is owing at the date of the hearing.
6. A tenancy is abandoned where a tenant leaves the premises without reasonable excuse, without notifying the landlord, with no intention of returning to occupy the premises or continue meeting their obligations under the tenancy.
7. Whether abandonment has occurred is determined objectively from all the surrounding circumstances. The Tribunal must consider the available evidence and determine, on the balance of probabilities, whether the tenant has ceased occupation and relinquished the tenancy.
8. The evidence establishes that the landlord had not heard from the tenant since February 2026. The tenant contacted the landlord’s call centre on 1 February 2026 advising that she intended to discuss urgent travel to Samoa due to her mother’s hospitalisation. However, she did not attend the proposed meeting, and no further meaningful contact was received.
9. From 18 March 2026 onwards the landlord undertook extensive efforts to contact the tenant. These included letters, emails, telephone calls, text messages, office appointments, repeated visits to the premises, enquiries through Ministry of Social Development, attempts to contact the emergency contact, and discussions with neighbours.
10.Those efforts were unsuccessful. The telephone number on file diverted directly to voicemail, the email address was invalid, the tenant did not attend arranged meetings, and no response was received to written correspondence.
11.On 7 April 2026 the landlord issued a notice requiring the tenant to remedy the apparent non-occupation of the premises and re-establish contact. The notice expired on 23 April 2026. No response was received, and the breach was not remedied.
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12.On 8 May 2026 the landlord conducted an inspection of the premises after giving the required notice. The inspection revealed compelling evidence consistent with abandonment. Letters previously placed under the door remained untouched. The premises had no electricity connected. Only minimal belongings remained, namely two bed frames and a couch. There was no indication that anyone was actively residing at the property. A strong dog odour was detected but no animal was present. The sliding door was partially open.
13.The landlord subsequently conducted further visits on 26 May 2026, 4 June 2026 and 8 June 2026. On each occasion nobody answered the door. Calling cards left by the landlord remained untouched.
14.The landlord also obtained information from neighbouring residents who advised they had not seen the tenant for an extended period and had not observed anybody entering or leaving the premises.
15.Taking all of the evidence together, I am satisfied on the balance of probabilities that the tenant had ceased occupying the premises well before the application was filed, had failed to maintain communication with the landlord, had left the premises substantially vacant, and had no present intention of returning to occupy the tenancy.
16. I accept the landlord’s submission that the clearest evidence of abandonment emerged during the inspection undertaken on 8 May 2026. That is the date on which the landlord became aware, or ought reasonably to have become aware, that the premises had been abandoned for the purposes of section 61 of the Act.
17. I am also satisfied that rent was in arrears at the hearing date.
18.Because the premises have been abandoned and rent was owing at the hearing, the requirements of section 61 of the Act are met.
19.The tenancy is therefore terminated, and possession of the premises is granted to the landlord.
How much does the tenant owe?
20.When a tenancy is terminated for abandonment, a landlord may recover rent up to the date the landlord becomes aware, or ought reasonably to have become aware, of the abandonment together with any rent in lieu of notice permitted under the Act.
21.The landlord provided tenancy records establishing that rent arrears remained outstanding. The landlord calculated the arrears to include rent owing up to 5 June 2026, being the period allowed following the abandonment identified on 8 May 2026.
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22. I am satisfied the landlord’s calculation is supported by the tenancy records and reflects rent lawfully recoverable following abandonment.
23.As at 5 June 2026, the total rent arrears owing were $1,182.85.
24.The tenant is therefore liable to pay the landlord rent arrears of $1,182.85.
J Setefano
12 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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_3]/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_3]/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.[NAME_3]/disputes/enforcing-decisions https://www.[NAME_3]/disputes/enforcing-decisions http://www.[NAME_3]/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_3]/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 Tribunal was satisfied that adequate service of the hearing notice had been completed and considered it appropriate to proceed with the hearing in the tenant’s absence.
- The evidence established that the landlord had not heard from the tenant since February 2026, and the tenant had failed to maintain communication with the landlord.
- The inspection on 8 May 2026 revealed compelling evidence consistent with abandonment, such as untouched letters, no electricity, minimal belongings, and no indication of active residence.
- The Tribunal accepted the landlord’s submission that the clearest evidence of abandonment emerged during the inspection on 8 May 2026.
- The Tribunal was satisfied that rent was in arrears at the hearing date, meeting the requirements of section 61 of the Residential Tenancies Act 1986.
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 tenancy and ordered payment of rent arrears.
What was the dispute about?
The landlord applied to terminate the tenancy due to abandonment and requested rent arrears and bond refund.
How did the court decide, and why?
The Tribunal decided that the tenant had abandoned the premises based on lack of communication and unoccupied premises.
Which laws or rules were applied?
Section 61 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The tenant's failure to maintain contact and abandon the premises was the key argument.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
A tenant who fails to maintain contact and leaves the premises unoccupied may face tenancy termination and rent arrears.
What evidence or documents mattered?
Letters, emails, telephone calls, text messages, office appointments, repeated visits to the premises, enquiries through Ministry of Social Development, and discussions with neighbours were key evidence.