abandonment
📖 What is abandonment? Meaning and definition
In New Zealand tenancy law, 'abandonment' refers to a situation where a tenant vacates the rented premises permanently without proper notice or justification, and stops meeting their responsibilities under the tenancy agreement. This often involves leaving the property with no intention of coming back and failing to pay rent or communicate with the landlord.
Landlords often apply to the Tenancy Tribunal to formally terminate a tenancy on the grounds of abandonment, especially when rent arrears are also present. For the Tribunal to grant such a termination, it typically needs to be satisfied that the tenant has indeed left the property without a reasonable excuse, does not intend to return, and has not informed the landlord of their departure or intentions.
Evidence of abandonment can include a tenant's lack of communication despite attempts by the landlord, the removal of most personal belongings, and the property being left in a state that suggests no one is living there, such as only rubbish or a few items remaining. The landlord must become aware, or ought to have become aware, that the tenant has abandoned the premises. Once abandonment is established and rent is in arrears, the Tribunal can terminate the tenancy.
📋 Requirements
- The tenant leaves the premises without a reasonable excuse.
- The tenant does not intend to return to the premises.
- The tenant does not intend to meet their tenancy obligations (e.g., paying rent).
- The tenant fails to notify the landlord of their departure or intentions.
- Rent is in arrears at the time of the hearing.
📝 Procedure
- The landlord attempts to contact the tenant regarding their intentions or rent arrears.
- The landlord conducts an inspection of the property, observing its condition and contents.
- The landlord issues breach notices, such as for rent arrears or to return to the property.
- The landlord applies to the Tenancy Tribunal for termination of the tenancy on grounds of abandonment and rent arrears.
- The Tenancy Tribunal hears the application, potentially in the tenant's absence if notice was properly served.
💡 Examples
- A tenant stops responding to their landlord's calls and texts, and an inspection reveals only rubbish and a few kitchen utensils left in the property.
- After a period of two months of no contact, a landlord discovers the tenant has travelled, leaving behind only minimal belongings, and rent has not been paid.
- A tenant fails to attend a scheduled meeting to discuss property damage and rent arrears, and subsequent attempts to contact them are unsuccessful, leading the landlord to believe they have left.
- A landlord issues a breach notice for unpaid rent, and after the notice expires, the tenant makes no contact and does not remedy the arrears, suggesting they have abandoned the property.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What should a landlord do if they suspect a tenant has abandoned the property?
A landlord should attempt to contact the tenant, conduct an inspection to gather evidence, and issue any necessary breach notices. If rent is in arrears and the tenant has clearly left, they can apply to the Tenancy Tribunal for termination.
Can a tenancy be terminated for abandonment if the tenant still has some belongings in the property?
Yes, a tenancy can still be terminated for abandonment even if some belongings remain. The key is whether the tenant has left without reasonable excuse, not intending to return or meet obligations, and has failed to notify the landlord, alongside rent arrears.
What if the tenant returns after the landlord has applied for abandonment?
The Tenancy Tribunal will consider all evidence presented at the hearing. If the tenant returns and can provide a reasonable excuse for their absence and demonstrates an intent to fulfil their obligations, the Tribunal may not grant termination for abandonment.
Does abandonment only apply to fixed-term tenancies?
The case excerpts show examples of abandonment in fixed-term tenancies. The principle of abandonment applies when a tenant leaves without meeting their obligations, regardless of whether the tenancy is fixed-term or periodic.
What is the role of rent arrears in an abandonment claim?
Rent arrears are a significant factor. The Tenancy Tribunal can terminate a tenancy where the premises have been abandoned and rent is in arrears at the hearing date, as seen in the cases.
How does the Tenancy Tribunal ensure the tenant knows about the hearing for abandonment?
The Tribunal must be satisfied that the tenant was properly served with notice of the hearing, often by post and email, even if the tenant does not attend. This ensures due process.