tenancy abandonment
📖 What is tenancy abandonment? Meaning and definition
Tenancy abandonment is a situation where a tenant vacates a rental property, leaving the landlord to believe they have no intention of returning or fulfilling their obligations under the tenancy agreement. This can lead to landlords seeking to terminate the tenancy and recover outstanding rent or other costs through the Tenancy Tribunal. The Tribunal can make orders for tenants to pay rent arrears and other associated costs, such as filing fees, after they have abandoned a property.
Landlords may apply to the Tenancy Tribunal for termination of the tenancy due to abandonment. There is an expedited process available under the Residential Tenancies Act 1986, which can be used if certain conditions are met, such as the tenant not wanting to contest the application. However, if these conditions are not met, the application may be referred for a full hearing.
In practice, if a tenant abandons a property, they may still be liable for rent arrears up to the point the tenancy is legally terminated, or a new tenant is found. The Tenancy Tribunal will consider the landlord's application, and if the tenant does not attend the hearing despite being properly served notice, the Tribunal may proceed to make orders in their absence. This can result in the tenant being ordered to pay significant sums to the landlord, potentially offset by any bond held.
📋 Requirements
- The tenant has left the property.
- The tenant has ceased to fulfil their tenancy obligations, such as paying rent.
- The landlord applies for termination of the tenancy for abandonment.
📝 Procedure
- Landlord applies to the Tenancy Tribunal for termination of the tenancy for abandonment.
- The application may be considered through an expedited process if the tenant does not want to contest it.
- If not expedited, the application is referred for a full hearing.
- The Tenancy Tribunal hears the application, potentially in the tenant's absence if they do not attend after being served notice.
- The Tribunal makes an order, which may include termination of the tenancy and payment of rent arrears and filing fees by the tenant.
💡 Examples
- A tenant stopped paying rent and moved out of their rented house without telling the landlord, leading the landlord to apply to the Tenancy Tribunal for termination due to abandonment and to recover $8,142.86 in rent arrears.
- After a tenant abandoned a property, the landlord successfully applied to the Tenancy Tribunal, resulting in an order for the tenant to pay $1,250.00 in rent arrears and a $27.00 filing fee.
- A landlord's application for an expedited abandonment process was not granted because the conditions for expedited processing, such as the tenant not wanting to contest, were not met, so it was referred for a full hearing.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What happens if a tenant abandons a property?
If a tenant abandons a property, the landlord can apply to the Tenancy Tribunal to terminate the tenancy and seek payment for any rent arrears or other costs incurred, such as filing fees.
Can a landlord get an expedited termination for abandonment?
Yes, a landlord can apply for an expedited termination process under the Residential Tenancies Act 1986, but this typically requires conditions like the tenant not wanting to contest the application.
What if the tenant doesn't attend the Tenancy Tribunal hearing for abandonment?
If the tenant has been properly served notice of the hearing but does not attend, the Tenancy Tribunal may proceed with the hearing in their absence and make orders based on the evidence presented by the landlord.
Will I still owe rent if I abandon a property?
Yes, if you abandon a property, you are generally still liable for rent arrears and other costs until the tenancy is legally terminated by the Tenancy Tribunal or a new tenant is found.
How is the amount a tenant owes calculated after abandonment?
The Tenancy Tribunal calculates the amount owed, which typically includes rent arrears up to a specified date and may also include reimbursement for filing fees paid by the landlord.