www.rentagain.nz   >  Changing renters   >  Terminations
Abandonment
 

Abandonment can be "suspected"  when:-
 ●  Rents are more than 3 weeks in arrears AND
 ●  Renters fail to respond to phone calls, texts, letters or visits. 

To resolve a suspected abandonment:-

1)  Deliver 24hr inspection notice
due to "suspected abandonment"  
      Letters left at the address are legally deemed to have been read by the tenant

2) After 24 hours make the Inspection
     
Take photos to prove abandonment (if obvious)   
     

      Places are usually abandoned when:-
      ●  They contain no fresh food
      ●  Nobody sleeps there
      ●  Neighbours report no occupation
      ●  Friends or contacts cannot help

      ●  Mail is accumulating

3a) IF clearly abandoned, owners might:-

  1. Take possession and change the locks
    Leave a possession message informing departed renters of liabilities and suggesting ways they can minimise their fast growing debt by removing goods and rubbish and cleaning the rental (Letters delivered to a renter's last known address are deemed read in law).
     

  2. Dispose of abandoned goods (Note IMPORTANT legal requirements)
     

  3. Restore the property
    Keep invoices and photos to claim costs at a tribunal hearing.

    See Law on what to do with

     

  4. Find new renters
     

  5. Apply to tribunal for costs rent arrears and any costs to restore the property to its reasonable rentable condition.  Click here to apply>
     

  6. Begin debt recovery process
    Clearly abandoned places incur much smaller debts for renters because their rent liability stops much sooner.. 
     

  3b) IF NOT clearly abandoned, owners might:-

  1. Apply for a tribunal Termination and Rent arrears more>
    Renters who abandon their rentals are liable for rent until the tribunal terminates the tenancy. This can take a lot of time so to avoid huge debt growth renter can simply tell owners they have left.. They will save even more debt by clearing & cleaning the property themselves.
    IMPORTANT: When owners obtain legal access and a judgement order for arrears, they should NOT begin debt recovery process, when repairs, cleaning and clearing is required.  wait for the hearing of a 2nd tribunal.
     

  2. Restore the property and dispose of abandoned goods more>
    Keep invoices and photos to claim costs at a 2nd tribunal hearing.
     

  3. Apply for a 2nd tribunal to claim cleaning, repairs, goods disposal costs and lost rent. Click here to apply>
     

  4.  Find new renters more>
     

  5. Combine "Judgement Orders".  Bring 1st "judgement order" to the 2nd tribunal and request it be combined with the 2nd tribunal's judgement order.  Courts cannot seem to handle two orders at once
     

  6. Begin debt recovery process more>