Tribunal Ends Tenancy for Abandonment and Unpaid Rent
📌 In brief
The Tenancy Tribunal ended a tenant's lease because they abandoned the property and hadn't paid rent. The landlord received money for unpaid rent and cleaning costs.
⚖️ Legal holding
A tenant whose premises have been abandoned and who owes rent arrears is liable to have their tenancy terminated and to pay damages.
📖 What the law says
This section 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. 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 Tribunal terminated the tenancy due to abandonment and awarded the landlord damages for rent arrears and cleaning costs.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who abandoned the premises and owed rent arrears. The landlord was awarded damages for rent arrears and cleaning costs.
📚 Full judgment Official document
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[2025] NZTT 5223111
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS] 16, Whenuapai, Auckland 0814
ORDER
1. [NAME] to pay [COMPANY] $2,864.77 immediately, calculated as follows:
Description Landlord Rent arrears to 3 April 2025 (rent in lieu of notice) $5,173.43 Internal cleaning $344.34 Rubbish removal $700.00 Application Filing Fee $27.00 Total award $6,244.77 Minus Bond -
$3,380.00 Tenant to pay $2,864.77
2. [COMPANY] is to pay [COMPANY] $3,380.00 immediately.
Reasons:
1. The Landlord attended the hearing.
2. The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
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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. 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.
5. On 31 March the Landlord says he visited the premises. The door was left open, and the Tenant had left with their belongings, he said. He could not recall when he had visited the premises before that date. He said he was being asked to test his memory to its limits. He manages several rental properties.
6. The Landlord claims rent arrears to 3 April 2025 of $3,481.43 and two weeks rent in lieu of notice: $1,690.00
7. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
8. I approve the Landlord’s rent claim totalling: $5,171.43
Did the tenant comply with their obligations at the end of the tenancy?
9. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
10. The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
11. The Landlord makes the following compensation claims:
a. Interior cleaning and rubbish collection – $344.34
b. Removal of household rubbish and furniture – $700
c. First garden rubbish removal – $350
d. Second garden rubbish removal – $200
e. House wash – $280 (paid in cash)
12. I only have photograph of inside of the premises, and I do not have any photographs of the outside or surrounds of the property. I do not have photographs of the premises – inside or outside – before the commencement of the tenancy.
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13. From the Landlord’s photographs and evidence I conclude that the Tenant did not leave the premises reasonably clear and tidy and remove their rubbish.
14. I approve $344.34 for internal cleaning and $700.00 for rubbish removal, but I decline all other claims.
15. Because the Landlord has mostly succeeded in its claim, the Tenant must reimburse the Landlord’s filing fee.
[NAME]
09 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 tenant abandoned the premises without reasonable excuse.
- Rent was in arrears at the time of the hearing.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the premises.
❌ Tends to be rejected
- The tenant's obligation to clean the exterior and surroundings was not addressed due to lack of evidence.
- Claims for garden rubbish removal beyond the initial claim were declined.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's tenancy and awarded the landlord damages for rent arrears and cleaning costs.
What was the dispute about?
The landlord claimed the tenant abandoned the property and owed rent arrears, leading to a request to terminate 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, as per the Residential Tenancies Act 1986.
Which laws or rules were applied?
Residential Tenancies Act 1986, s 61
What was the argument that mattered most?
The argument that mattered most was that the tenant abandoned the premises and owed rent arrears, which justified terminating the tenancy.
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?
Someone in a similar situation might face termination of their tenancy and be required to pay damages if they abandon their premises and owe rent arrears.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.