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Tenantcheck Insights · Case study

Tenancy Tribunal case 4658110 — Tenancy dispute

Decided 7 Sept 2023 · Published 7 Sept 2023 · Application 4658110

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

R Woodhouse

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.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4658110 — Tenancy dispute

Decided 7 Sept 2023 · Published 7 Sept 2023 · Application 4658110

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

R Woodhouse

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

The Tribunal orders name suppression for the tenant.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Reasons

The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.

Are there grounds for an expedited application?

I am satisfied that the two requirements for the expedited process are met: a. The tenant has not contested the abandonment application. b. 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 that information alone or with only minor clarifications).

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
Based on the information provided to the Tribunal, the tenants health is such that they are not able to continue living in the tenancy, and is now residing in permanent rest home care. I accept that there is no indication the tenant would be in a position to return home. I can see that the landlord has engaged with the tenants family, who support the tenancy ending.
Because the premises have been technically abandoned, and rent is in arrears, I am terminating the tenancy immediately.
In the circumstances I order name suppression for the tenant only. I make no order for name suppression for the landlord as it is a public body.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

NO ADDRESS

Residential Tenancies Act sections

s61, s91AA

Property management

Kāinga Ora–Homes and Communities (applicant)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4658110 about?

The tribunal order states: The Tribunal orders name suppression for the tenant.

How much money was awarded in case 4658110?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4658110?

The dispute type was not classified.

Where can I read the official tribunal order for case 4658110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9386956-Tribunal_Order_Redacted.pdf.