What was Tenancy Tribunal case 4786297 about?

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

How much money was awarded in case 4786297?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4786297?

The dispute type was not classified.

Where can I read the official tribunal order for case 4786297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9894222-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4786297 about?

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

How much money was awarded in case 4786297?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4786297?

The dispute type was not classified.

Where can I read the official tribunal order for case 4786297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9894222-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4786297 — 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 (RTA).

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 RTA.

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.

I am not satisfied that both conditions for the expedited process are met. The landlord on the tenancy agreement is different from the landlord which has filed the application, and no explanation has been given for this. Also, it is a requirement of section 61(2) RTA that I determine the date of abandonment where there is a periodic tenancy. It seems most likely to me based on the information provided that the fixed term tenancy agreed in 2016 is now a periodic tenancy. However this part of the application form has been left blank, and I cannot guess.

This means the information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

Suppression is allowed because it could be prejudicial to name the parties at this stage.

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 (RTA).

Are there grounds for an expedited application?

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 RTA.

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 means the information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

Suppression is allowed because it could be prejudicial to name the parties at this stage.

Tenancy Tribunal case 4786297 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4786297 — 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