Tenant's tenancy terminated for abandonment and unpaid rent
📌 In brief
The Tenancy Tribunal ended the tenancy of a tenant because they left the rented property without paying rent. The decision was made through an expedited process under 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 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 property was abandoned. 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 unpaid rent.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and unpaid rent, applying the expedited process under section 91AA of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5195116 1
[2025] NZTT 5195116
TENANCY TRIBUNAL
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], 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).
__________________________________________________________________________________ 5195116 2
3. The tenant responded to the application but only to confirm that she had a 45 minute call with Tenancy Services on 12 March 2025. There is no evidence to suggest that the tenant is contesting the application.
Should the tenancy be terminated?
4. 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.
5. On 9 March 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord carried out an inspection and found the premises empty (photographs provided). The landlord has made attempts to contact the tenant without success.
6. The landlord provided rent records which prove the rent is in arrears and has not been paid since 27 January 2025.
7. 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
__________________________________________________________________________________ 5195116 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 did not want to challenge the application for abandonment.
- The landlord provided enough information for the Tribunal to decide the case without a hearing.
- The tenant confirmed a call with Tenancy Services but did not provide evidence to contest the application.
- The landlord found the premises empty during an inspection and provided photographs as proof.
- The landlord provided rent records showing that rent had not been paid since January 27, 2025.
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 tenancy of the tenant due to abandonment and unpaid rent.
What was the dispute about?
The dispute was about whether the tenant abandoned the premises and owed rent, leading to the termination of the tenancy.
How did the court decide, and why?
The court decided to terminate the tenancy because the premises were abandoned and rent was in arrears, meeting the criteria for the expedited process.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 61 and 91AA were applied.
What was the argument that mattered most?
The argument that mattered most was that the premises were abandoned and rent was in arrears, allowing the expedited termination process.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case, as their tenancy was terminated.
What does this mean for someone in a similar situation?
Someone in a similar situation could face the termination of their tenancy if they abandon the premises and owe rent.
What evidence or documents mattered?
Photographs showing the premises empty and rent records proving the rent was in arrears mattered.