Tenant’s Tenancy Terminated for Abandonment and Rent Arrears

OUTCOME: Allowed

__________________________________________________________________________________ 5496153 1

[2026] NZTT 5496153

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [RESPONDENT] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] [NAME] [COMPANY] As Agent For [[COMPANY], immediately.

2. The [COMPANY] is to pay the bond of $2,760.00 (BN-32604447) to [COMPANY] [NAME] [COMPANY] [NAME]RESPONDENT] [NAME] immediately.

3. [RESPONDENT] must pay [COMPANY] [NAME] [RESPONDENT] As Agent For [[COMPANY] $2,492.29 immediately, calculated as shown in the table below:

Description Landlord Tenant Rent arrears to 2.6.26 $5,224.29 Filing fee reimbursement $28.00 Total award $5,252.29 Bond $2,760.00 Total payable by Tenant to Landlord $2,492.29

__________________________________________________________________________________ 5496153 2

Reasons:

1. The landlord attended the hearing.

2. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.

3. The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

4. The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear 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 8 April 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant had advised the landlord shortly into this fixed term tenancy that she wanted to terminate the tenancy. The parties did not finalise an agreement to terminate the tenancy prior to the end of the fixed-term tenancy. On 8 April 2026 the tenant emailed saying she was moving out that day (correspondence provided) and subsequently ceased to respond to communication. The landlord inspected the property on 22 April 2026 and said the tenant had vacated the premises. Because this is a fixed-term tenancy with a contractual end date of 29 February 2028 the tenant is not entitled to give notice to terminate the tenancy prior to that date.

6. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

7. The landlord provided rent records which prove the amount owing as at 28 May 2026. I have made an order for rent arrears to the hearing date; however the tenant will continue to be liable for rent until the expiry of the fixed term or the date of commencement of a new tenancy.

8. I note there is a record on the Tribunal file that the landlord’s insurance will cover 8 weeks rent. The landlord did not address this at the hearing, however I have made an order for the full rent arrears claimed and note that the landlord may reduce the amount claimed through any enforcement proceedings if insurance covers some of the rent arrears.

9. The bond is to be paid to the landlord immediately to offset the rent arrears.

__________________________________________________________________________________ 5496153 3

Filing fee and suppression

10.Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee.

11.On my enquiry, the landlord said they did not seek name suppression.

N [RESPONDENT]

02 June 2026

__________________________________________________________________________________ 5496153 4

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 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/

__________________________________________________________________________________ 5496153 5

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: