Tenant's tenancy terminated for abandonment and rent arrears
📌 In brief
The Tenancy Tribunal ended the tenant's lease because they abandoned the property and hadn't paid rent. This decision was made quickly through an expedited process allowed by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated through the expedited process 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 asks for it and the Tribunal is convinced that the tenant has left the property and owes rent. If the tenancy is ongoing (a periodic tenancy), the Tribunal will also figure out when the landlord first knew or should have known the tenant had left. Even if a tenant leaves, 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 arrears in rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to abandonment and rent arrears, applying the expedited process under section 91AA of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5186971 1
[2025] NZTT 5186971
TENANCY TRIBUNAL
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Lower Vogeltown, New Plymouth 4310
ORDER
1. The tenancy of [NAME] at [ADDRESS], Lower Vogeltown, New Plymouth 4310 is terminated, and possession is granted to [COMPANY] As Agent For [NAME], immediately.
Reasons:
1. The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.
Are there grounds for an expedited application?
2. I am satisfied that the two requirements for the expedited process are met:
a. The tenant does not want to contest the abandonment application.
b. The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of that information alone or with only minor clarifications).
__________________________________________________________________________________ 5186971 2
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. 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 3 March 2025, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord visited the premises and spoke to a person who advised that the tenant had left to live in Australia. On 7 March 2025, the landlord was contacted by the tenant’s daughter on who confirmed the tenant had relocated to Australia and had failed to give notice to end the tenancy. The landlord has provided photographs which show the premises are mostly empty except for some old furniture and rubbish left behind both inside and out.
5. The landlord provided rent records which show that rent is in arrears and was last paid on 5 February 2025.
6. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately. All the requirements for an expedited abandonment application have been met.
[NAME] 17 March 2025
__________________________________________________________________________________ 5186971 3
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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant abandoned the premises without reasonable excuse.
- The landlord provided sufficient information to prove the premises were abandoned.
- Rent was in arrears at the time of the hearing.
- The tenant did not contest the abandonment application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's tenancy was terminated immediately due to abandonment and rent arrears.
What was the dispute about?
The landlord claimed the tenant abandoned the property and owed unpaid rent.
How did the court decide, and why?
The court decided to terminate the tenancy immediately because the premises were abandoned and rent was in arrears, meeting the criteria for the expedited process.
Which laws or rules were applied?
Sections 61 and 91AA of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The landlord provided evidence showing the tenant had abandoned the property and owed rent, meeting the criteria for the expedited process.
Was the decision for or against the person who brought the case?
The decision was against the tenant, terminating their tenancy.
What does this mean for someone in a similar situation?
Someone who abandons their rental property and owes rent could face immediate termination of their tenancy.
What evidence or documents mattered?
Photographs of the abandoned property, rent records, and statements from the landlord and tenant's family member mattered.