Tenantcheck Insights · Case study
Tenancy Tribunal case 5297343 — Rent arrears
Decided 13 Feb 2026 · Published 13 Feb 2026 · Application 5297343
- Rent arrears
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
G Barnett
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
- The tenancy of [the tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [the landlord/s], immediately.
Reasons
- [The landlord’s representative/s] appeared for the landlord by telephone. Attempts were made to contact the tenant using the numbers provided in the application. I am satisfied the tenant has been notified of the date, time, and mode of hearing and the matter has proceeded in their absence.
- The property is an apartment. The Tribunal also heard from [the Property Manager], who is the manager of the complex in which the property is located.
- By way of background: the tenancy commenced on 10 March 2025. On 08 May 2025, the landlord filed a claim for rent arrears, which was scheduled for hearing on 26 June 2025. On that date both parties appeared. By consent, the Tribunal made an order awarding the landlord rent arrears to 26 June 2025. The weekly rent is $650.00. The amount awarded was $8,450.00. The tenant had not paid the rent for thirteen weeks.
- The Tribunal declined to deal with an application for termination on the basis that it was not a claim included in the original application.
- On 30 June 2025, the landlord filed a claim for expedited abandonment under section 91AA of the Residential Tenancies Act 1986 (The “Act”).
- Under section 61 of the Act, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is abandoned where the tenant leaves the premises without notifying the landlord, not intending to return or to meet their obligations. A tenant who abandons a property without reasonable excuse, and the rent is in arrear at the time, also commits an unlawful act.
- The two requirements for the expedited process are: • The tenant does not want to contest the abandonment application. • The information provided by the landlord with the application is sufficient to enable the Tribunal to determine it properly without a hearing (either on the basis of the information alone or with only minor clarifications).
- In their application, the landlord explained that after the hearing on 26 June 2025 the tenant contacted the landlord and verbally advised that they would vacate the property on 28 June 2025. Based on this, the Tribunal considered it inappropriate to determine the application as an expedited abandonment and directed that the matter be set down for a hearing before me on 22 July 2025.
- At the commencement of this hearing, the landlord stated that on 28 June 2025, they went to the property and waited outside for the tenant to arrive and hand over the keys, but that the tenant did not attend. The landlord did not therefore enter the property.
- Under section 51 of the Act, a tenant may end a periodic tenancy by giving at least 28 days written notice. Under section 50 (1) (d) of the Act, any tenancy may be terminated where the tenant surrenders the tenancy to the landlord with the landlord’s written consent.
- [The Property Manager] stated that on or about 26 June 2025, he had received a call from the tenant, who wanted to confirm that the property was secure, which he checked. [The Property Manager] stated that he lives in the complex, was familiar with the tenant and her two-school age children, and regularly saw the children leaving for school each day. He stated that he had not seen the tenant or the children since around the beginning of June 2025.
- On or about 28 June 2025, concerned for the welfare of the tenant and her family, [the Property Manager] knocked on the tenant’s door. When there was no response, he then entered and took a couple of steps inside. He states that the property appeared to have been “trashed” and noted an “extremely rank” odour, suggesting that no one had been there for some time. [the Property Manager] took a couple of photographs on his phone, which have been provided to the Tribunal. The photographs support [the Property Manager]’s assessment.
- On or about 01 July 2025, [the Property Manager] noted that the power to the property had been disconnected by the supplier. He states that had the tenant still been in occupation, they would have been contacted about the matter. Decision
- Having considered the evidence, I am satisfied that the tenant has left the property in breach of their obligations under the agreement, does not intend to return, or meet their obligations, and was in rent arrear at the material time.
- The tenant has however, although not in writing as required by the provisions of the Act, verbally advised the landlord of their intention to vacate on 28 June 2025. On this basis, I am not satisfied that the tenant has “abandoned” the property.
- However, I am satisfied that, in the circumstances the breach is such that the landlord is entitled to consider the agreement as having been cancelled by the tenant on 28 June 2025, and that the landlord should have immediate possession of the property.
- The landlord has already been awarded rent arrears to 26 June 2025 and does not seek additional rent arrears to 28 June 2025 or rent in lieu of notice.
- I make no order for reimbursement of the filing fee.
- On the last occasion, the Tribunal ordered suppression of both party’s names and the address of the property. The Tribunal also orders suppression of the witness’s name and details.