If you manage rental properties in New Zealand, dealing with a tenant who has disappeared can be stressful and legally risky. The Residential Tenancies Act 1986 (RTA) sets out clear rules under sections 120–124 for determining abandonment, handling abandoned goods, and ending the tenancy. This guide explains your rights and obligations step by step, so you can act lawfully and avoid disputes at the Tenancy Tribunal.
What counts as abandonment under the RTA?
Abandonment means the tenant has left the premises with no intention of returning, and has stopped paying rent. It is not the same as ending the tenancy by notice. Under s120(1), a tenancy is abandoned if:
- The tenant has vacated the premises; and
- The tenant does not intend to resume occupancy; and
- The tenant has not paid rent for at least 21 days (or a shorter period if the landlord reasonably believes the tenant has left).
You cannot assume abandonment just because rent is late. You must have objective evidence — for example, the tenant’s belongings are gone, keys returned, neighbours confirm they moved out, or mail is piling up.
The 2-day rule for abandoned goods
If you believe the tenancy is abandoned, you must follow the abandoned goods process under s121–124. The key rule is the 2-day rule:
- You must give the tenant 2 working days’ written notice of your intention to remove and dispose of their goods (s121(2)).
- The notice must be delivered to the tenant’s last known address or, if that is not possible, posted on the premises (s121(3)).
- After the 2 days, you may remove the goods and store them for a further 35 days (s122(1)).
- If the goods are not claimed within 35 days, you may sell or dispose of them (s122(2)).
How to end the tenancy for abandonment
To formally end the tenancy, you must apply to the Tenancy Tribunal for an order under s124. The Tribunal will consider:
- Whether the tenant has abandoned the premises (s124(1)(a)).
- Whether you have complied with the notice requirements (s124(1)(b)).
- Whether it is just and equitable to terminate the tenancy (s124(1)(c)).
If the Tribunal grants the order, the tenancy ends on the date specified in the order. You can then re-enter the premises and re-let them.
Recovering costs
You can recover the following costs from the tenant:
- Rent arrears up to the date the tenancy ends.
- Costs of removing and storing abandoned goods (s122(3)).
- Costs of repairing damage caused by the tenant (beyond fair wear and tear).
- Application fees for the Tenancy Tribunal (currently $20.44 for online applications).
You must provide receipts or invoices for any costs claimed. If the tenant does not pay, you can apply to the Tribunal for a money order.
What landlords can and cannot do
Can do:
- Enter the premises to inspect for abandonment, but only after giving 24 hours’ notice (s48) or with the tenant’s consent.
- Remove and store goods after following the 2-day rule.
- Apply to the Tribunal for termination and cost recovery.
Cannot do:
- Change the locks without a Tribunal order or the tenant’s agreement (s119 — this is a criminal offence with a fine of up to $2,000).
- Dispose of goods before the 35-day storage period ends (except perishables).
- Use force to enter the premises (s119).
- Keep the tenant’s goods as security for unpaid rent (s123).
Practical checklist for frontline staff
- Confirm abandonment: check for signs (keys, mail, neighbours, no response to calls).
- Serve a 14-day notice for rent arrears (s55) or a 10-day notice for breach.
- If no response, serve a 2-day notice for abandoned goods (s121).
- After 2 days, remove goods, make an inventory, and store them for 35 days.
- Apply to the Tenancy Tribunal for termination (s124).
- Recover costs via Tribunal order.
Frequently asked questions
Can I enter the property if I suspect abandonment?
Yes, but only after giving 24 hours’ notice (s48) or with the tenant’s consent. If the tenant is not contactable, you may enter to inspect for safety or damage, but you cannot change locks or remove goods without following the abandonment process.
What if the tenant returns after I have removed their goods?
If the tenant returns within the 35-day storage period, you must return their goods (provided they pay any reasonable storage costs). If the tenancy has been terminated by the Tribunal, the tenant has no right to re-enter the premises.
Do I need a Tribunal order to sell abandoned goods?
No, but you must wait the full 35-day storage period. After that, you may sell the goods and use the proceeds to cover your costs (s122(2)). Any surplus must be paid to the tenant or, if unclaimed, to the Ministry of Justice.
What if the tenant leaves behind hazardous goods (e.g., chemicals)?
You can dispose of hazardous goods immediately if they pose a risk to health or safety. Document the disposal and take photos. For other goods, follow the standard 35-day rule.
Can I claim compensation for lost rent while the property is empty?
Yes, you can claim rent arrears up to the date the tenancy ends. However, you cannot claim rent for the period after the tenancy ends. If the property is empty for longer due to delays in the Tribunal process, you may claim loss of rent as part of your application.
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