Tribunal Terminates Tenancy Due to Abandonment and Unpaid Rent Arrears in Auckland
📌 In brief
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and rent arrears. The Tribunal found that the premises had been abandoned and rent was in arrears, thus terminating the tenancy immediately.
⚖️ Legal holding
A tenant is entitled to have their tenancy terminated for abandonment and rent arrears under the Residential Tenancies Act 1986, section 61, where rent is in arrear and the premises have been abandoned.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if a landlord applies and the Tribunal is convinced 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.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to abandonment and rent arrears, with the tenant owing $1,017.00.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of the tenant due to abandonment and rent arrears. The Tribunal found that the premises had been abandoned and rent was in arrears, thus terminating the tenancy immediately.
📚 Full judgment Official document
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[2025] NZTT 5252160
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [NAME]
ORDER
1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE], [NAME] is terminated, and possession is granted to [NAME], immediately.
2. [COMPANY] is to pay the bond of $1,980.00 (BN-00025150) to [NAME] immediately.
3. [NAME] must pay [NAME] $1,017.00 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 30 May 2025 $2,970.00 Filing fee reimbursement $27.00 Total award $2,997.00 Bond $1,980.00 Total payable by Tenant to Landlord $1,017.00
Reasons:
1. Both parties 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. The tenant confirmed that he has since vacated the premises, and removed all his belongings; he is willing to return the keys and will return them no later than 5pm tomorrow on 30 May 2025.
5. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
6. The landlord provided rent records which prove the amount owing to 30 May 2025.
7. The landlord indicates that she intends to make a further application as the parties are in a fixed term tenancy.
[NAME]
29 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 confirmed they had abandoned the premises.
- Rent was in arrears at the time of the hearing.
- The landlord provided proof of the rent arrears through rent records.
❌ Tends to be rejected
- The tenant's willingness to return the keys was not sufficient to prevent termination.
- The tenant's intention to return to the premises was not considered valid by the tribunal.
- The tenant did not provide a reasonable excuse for abandoning the premises.
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 due to abandonment and rent arrears, ordering the landlord to receive possession immediately and the tenant to pay $1,017.00 to the landlord.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to the tenant abandoning the property and having outstanding rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant had abandoned the property and had outstanding rent arrears, as per Section 61 of the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 61 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had abandoned the property and had outstanding rent arrears, leading to the termination of the tenancy.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case to terminate the tenancy due to abandonment and rent arrears.
What does this mean for someone in a similar situation?
For someone in a similar situation, if they abandon their rental property and have outstanding rent arrears, their tenancy could be terminated by the Tenancy Tribunal.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.