Tenant’s Tenancy Terminated for Prolonged Absence
📌 In brief
In this case, a tenant’s tenancy was terminated by the Tenancy Tribunal because they had been away from their home for more than six months without proper notice or reason. This decision highlights the importance of adhering to residency requirements in social housing agreements.
⚖️ Legal holding
A tenant's failure to reside in the property for over six months constitutes a breach under the Residential Tenancies Act 1986, allowing termination of the tenancy.
📖 Technical summary
The tenancy was terminated due to breach of the agreement.
📜 Headnote Official document
The Tribunal terminated the tenant's tenancy due to prolonged absence and breach of the agreement requiring continuous residency. The landlord provided evidence that the property was unoccupied for over six months, leading to termination.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5506844
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat Unit 201, 29-[ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [RESPONDENT] at Unit/Flat Unit 201, 29-[ADDRESS], [POSTCODE] is terminated, and possession is granted to Kāinga Ora–[APPELLANT] and [NAME], at 11.59pm on Wednesday 3 June 2026.
Reasons:
1. Only the landlord attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, and could not be contacted by telephone. As the tenant has been notified, the hearing proceeded.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord seeks termination on the basis that the tenant no longer lives at the premises and is in breach of her tenancy agreement.
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The tenancy agreement
3. Clause 14 of the tenancy agreement requires that the tenant “must live at the home at all times.” It also states that the home must only be used by the tenant and the other people named in the housing application.
4. Clause 15 requires the tenant to notify the landlord if they are going to be away from the home for more than 30 days.
Should the tenancy be terminated?
5. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Residential Tenancies Act 1986 (the RTA).
6. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
7. In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period. The landlord issued a 14-day notice on 17 March 2026, reminding the tenant of her obligation to live at the property, and requesting that she return by 2 April 2026, or provide 21 days’ written notice to end the tenancy. This was a 14-day notice under section 56(1), which was not remedied within the required period.
8. At the end of the notice period, there was no further contact from the tenant. The landlord conducted a further visit on 8 April 2026, and found that no-one was living at the premises. Another visit on 4 May 2026 found no-one present at the property.
9. The landlord states, in its written submissions, that the tenant has been overseas since October 2025 and has not returned to the property. Initial contact confirmed she was unable to return due to family illness and external circumstances, with an intended return in late April 2026. Despite this, there has been no confirmed return. Recent attempts to contact both the tenant and [NAME] have been unsuccessful. Multiple property visits found the unit to be unoccupied, with indicators such as an accumulating mailbox. While rent payments have continued, the evidence suggests the property is not being used as her principal place of residence.
10. The landlord further notes that the tenant has not occupied the premises for over 6 months, has no confirmed return date, and has ceased communication since February 2026. The premises are no longer being used as a residence. Despite the notice to remedy, the breach has not been remedied. The landlord submits that it would be inequitable for the tenancy to continue.
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11. The landlord states that it is essential that its social housing stock is available for those who need it most, particularly given the high demand for housing. The tenant may re-apply for social housing through MSD at a future date, should they require assistance.
12. In the circumstances, I find that it would be inequitable to refuse to terminate the tenancy. [APPELLANT] and [NAME] provides social housing on the basis of housing need, and it is fair and reasonable that tenants are required to live in the home, due to the demand for housing. Where there is evidence that the tenant is no longer residing in the premises, and is therefore in breach if their tenancy agreement, there are sufficient grounds for termination of the tenancy.
Accordingly, this tenancy is terminated.
Filing fee and name suppression
13. While successful with its application, the landlord does not seek the filing fee or name suppression.
[NAME]
03 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 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Damages and Bond
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- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Current Rent
- Tenancy Tribunal Tenant’s Abandoned Property Can Be Disposed Of By Landlord, Says Tenancy Tr…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant failed to reside in the property for over six months.
- The tenant did not comply with reasonable conditions set by the landlord regarding pets and cleanliness.
- The tenant was liable for damage beyond fair wear and tear without proving it was not caused carelessly or intentionally.
- The tenant left the premises unclean and with rubbish, failing to meet their obligations at the end of tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated due to prolonged absence and breach of agreement.
Who was involved?
A tenant who had been away from their home for over six months, and the landlord providing social housing.
How did the court decide, and why?
The Tribunal decided that the tenant's prolonged absence constituted a breach of their residency obligations under the agreement.
Which laws or rules were applied?
Residential Tenancies Act 1986, section 54 was cited as relevant to termination for breach.
What was the argument that mattered most?
The landlord's evidence showing prolonged unoccupied status of the property and lack of communication from the tenant.
Was the decision for or against the person who brought the case?
The decision was in favour of the landlord.
What does this mean for someone in a similar situation?
Tenants should ensure they comply with residency requirements to avoid termination of their tenancy.
What evidence or documents mattered?
Evidence showing prolonged absence and lack of communication from the tenant were crucial.
Can a decision like this be appealed?
Yes, both parties can appeal within 10 working days using an Appeal to the District Court form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance.