Making an application about abandoned premises – using Section 61

You can use Section 61 to obtain an order for termination of tenancy when you wish to end a tenancy because the property has been abandoned by the tenants. There needs to be clear evidence that the property has been abandoned and the rent must be in arrears.

Before you enter the property, you must place a notice on the door of the property indicating your intention to enter due to abandonment, and wait 48 hours. You can then enter and inspect the property, secure the premises and lock up any abandoned goods. You can’t dispose of the abandoned goods until you have obtained a disposal order from the Tenancy Tribunal, which you can apply for at the same time as the order for termination of tenancy under section 61.

This information sheet will help complete the Application for Order of the Tenancy Tribunal form so that it can be processed quickly and accurately. For more information contact the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or visit www.dbh.govt.nz.

‘Details of application’ section

In the ‘Details of application’ section make sure you:

• request the Tribunal make the following Orders.
  • Order for termination of tenancy (under Section 61 of the Residential Tenancies Act).
  • Order for disposal of abandoned goods.
  • Order for payment of rent owing to date of termination.
  • Order for payment of rent in lieu of notice (for periodic tenancy).
  • Order for release of the bond of $_________ to the applicant.
  • Order for compensation for cleaning/repairs (if applicable).
• explain in the ‘Reasons’ section that the property has been abandoned. Give brief details of evidence of abandonment and include specific details of any claim you want to make for compensation for damages or cleaning.

Submitting your application

You can make an application online at www.dbh.govt.nz and pay the $20.44 application fee with your Visa or Mastercard.

You can also complete a paper form and send by mail to PO Box 50546 Porirua, fax to 04 237 1058, or email to ttapplications@dbh.govt.nz. You must pay the $20.44 application fee at Westpac bank or by purchasing pre-paid stickers from the Department of Building and Housing before submitting your application.

If you are applying for an urgent possession order because your tenants have abandoned your property you may not know the total costs at the time of your application. In this case the Tribunal may grant a ‘continuation’ to enable you to come back with your full list of costs without having to pay a second application fee.

Other information to include with your application

• A copy of your Tenancy Agreement
• A Rent Arrears summary, clearly showing the missing rent payments
• A list of goods to be disposed of