What was Tenancy Tribunal case 4718991 about?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 4718991?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4718991?

The dispute type was not classified.

Where can I read the official tribunal order for case 4718991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9596646-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4718991 about?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 4718991?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4718991?

The dispute type was not classified.

Where can I read the official tribunal order for case 4718991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9596646-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4718991 — Tenancy dispute

Order

The application for termination under the expedited abandonment process is not granted.
The application is referred to Tenancy Services to be scheduled for hearing with application 4678013.

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?

The two requirements for the expedited process are: a. The tenant does not want to contest 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 the information alone or with only minor clarifications).
If the requirements for the expedited process are met, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear 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.
This is a fixed term tenancy which commenced on 19 December 2022 and is due to run to 18 December 2023. The landlord says the tenancy was abandoned on 1 August 2023 but has not provided any explanation as to the relevance of this date. The landlord says they visited the premises 3 times in 15 days and left a note on the door, but there has been no change to the interior (photographs provided) and no response from the tenant.
I acknowledge that rent is in significant arrears as it has not been paid since 26 July 2023 in accordance with the rent summary provided. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.
I find that the photographs provided by the landlord are inconclusive. I say this because they show the tenant’s personal belongings and furniture are still inside the premises. The landlord has not provided the notice(s) of inspection to confirm the dates they visited the premises. The notice left on the front door is not dated and it refers to the tenant not being at the premises for 5 weeks. The landlord has not provided any further information to explain this.
In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof. I am not satisfied that both conditions for the expedited process are met. The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.
I decline to grant the application. I note the landlord has filed another application (4678013) for this tenancy which is scheduled for hearing on 9 November. This matter is referred back to Tenancy Services so that both matters may be heard together.

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?

The two requirements for the expedited process are: a. The tenant does not want to contest 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 the information alone or with only minor clarifications).

If the requirements for the expedited process are met, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear 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.

This is a fixed term tenancy which commenced on 19 December 2022 and is due to run to 18 December 2023. The landlord says the tenancy was abandoned on 1 August 2023 but has not provided any explanation as to the relevance of this date. The landlord says they visited the premises 3 times in 15 days and left a note on the door, but there has been no change to the interior (photographs provided) and no response from the tenant.

I acknowledge that rent is in significant arrears as it has not been paid since 26 July 2023 in accordance with the rent summary provided. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.

I find that the photographs provided by the landlord are inconclusive. I say this because they show the tenant’s personal belongings and furniture are still inside the premises. The landlord has not provided the notice(s) of inspection to confirm the dates they visited the premises. The notice left on the front door is not dated and it refers to the tenant not being at the premises for 5 weeks. The landlord has not provided any further information to explain this.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof. I am not satisfied that both conditions for the expedited process are met. The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

I decline to grant the application. I note the landlord has filed another application (4678013) for this tenancy which is scheduled for hearing on 9 November. This matter is referred back to Tenancy Services so that both matters may be heard together.

Tenancy Tribunal case 4718991 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4718991 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Frequently asked questions