What was Tenancy Tribunal case 4722849 about?

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

How much money was awarded in case 4722849?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4722849?

The dispute type was not classified.

Where can I read the official tribunal order for case 4722849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9629792-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4722849 about?

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

How much money was awarded in case 4722849?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4722849?

The dispute type was not classified.

Where can I read the official tribunal order for case 4722849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9629792-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4722849 — Tenancy dispute

Tenantcheck Insights

Reasons

This application was decided on the papers.

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 (RTA).

I am not satisfied that both conditions for the expedited process are met. 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. It is clear from the emails and messages provided by the landlord that the landlord knew the tenant was moving out on 21 October 2023. The house is empty and the landlord has the keys.

This means an order from the Tribunal that the tenancy has been abandoned is not possible. I note that the landlord is concerned that she complies with the RTA, but she already has possession. She can go in and advertise and get new tenants.

The real issues for the landlord are the unpaid rent and the fact the tenant has a fixed term tenancy. These can be resolved by another application to the Tribunal.

I have used my discretion to allow suppression because the landlord filed her application out of an abundance of caution and the application has not been successful.

Reasons

This application was decided on the papers.

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 real issues for the landlord are the unpaid rent and the fact the tenant has a fixed term tenancy. These can be resolved by another application to the Tribunal.

I have used my discretion to allow suppression because the landlord filed her application out of an abundance of caution and the application has not been successful.

Tenancy Tribunal case 4722849 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4722849 — 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