Tenant's Tenancy Terminated for Abandonment and Rent Arrears
📌 In brief
The Tenancy Tribunal ended the tenant's lease because the tenant left the rental property without paying rent and did not intend to return. This decision was made according to the Residential Tenancies Act 1986.
⚖️ 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 the landlord applies and the Tribunal is convinced that the tenant has left the property and owes rent. If the tenancy is ongoing (not for a fixed term), the Tribunal will also figure out when the landlord first knew or should have known the tenant had left.
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 tenant's tenancy due to abandonment and unpaid rent arrears. The Tribunal ruled under the Residential Tenancies Act 1986, Section 61, which allows termination if the premises are abandoned and rent is in arrears.
📚 Full judgment Official document
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[2025] NZTT 5239357
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] and [NAME], at 10am on 6 May 2025.
2. [NAME] must pay [COMPANY] and [NAME] $4,759.33 immediately, calculated as shown in the table below:
3. The Bond Centre is to pay the bond of $1,310.00 (6467567-006) to [COMPANY] and [NAME] immediately.
Description Landlord Tenant Rent arrears to and including 7 May 2025 $5,140.42 Water rates $901.91 Filing fee reimbursement $27.00 Total award $6,069.33 Bond $1,310.00 Total payable by Tenant to Landlord $4,759.33
Reasons:
1. [NAME] attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.
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2. The landlord has applied for termination of the tenancy for abandonment, rent arrears, water rates 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: 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 13 April 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises when the landlord received emails from a person who was apparently residing at the premises with the tenant that the tenant was in prison, and no one was living at the premises.
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 and a water rates schedule which, together with the evidence of [NAME], prove the amount owing at the end of the tenancy.
7. The tenancy is a fixed term tenancy expiring on 24 May 2025. Where a tenant abandons a fixed term tenancy before its expiry, the tenant is liable for rent until the end of the fixed term or until a new tenant is found, whichever is the earlier.
8. The landlord is successful in its claims and is therefore entitled to payment of the Tribunal application fee.
[NAME]
07 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 tenancy was terminated because the tenant abandoned the premises and owed rent.
- The landlord became aware of the abandonment when they received emails stating the tenant was in prison and no one was living there.
- The tenant was liable for rent until the end of the fixed term because they abandoned the tenancy early.
- The landlord provided rent records and a water rates schedule to prove the amount owed.
- The landlord was entitled to reimbursement of the Tribunal application fee.
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 tenancy due to abandonment and unpaid rent arrears.
What was the dispute about?
The dispute was about whether the tenant 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 abandoned the premises and left unpaid rent 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 tenant abandoned the premises and left unpaid 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 the rental property and leaving unpaid rent could lead to the termination of their tenancy.
What evidence or documents mattered?
The evidence included rent records, emails indicating the tenant was in prison, and the absence of anyone living in the premises.