What was Tenancy Tribunal case 4788097 about?

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

How much money was awarded in case 4788097?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4788097?

The dispute type was not classified.

Where can I read the official tribunal order for case 4788097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9892781-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4788097 about?

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

How much money was awarded in case 4788097?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4788097?

The dispute type was not classified.

Where can I read the official tribunal order for case 4788097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9892781-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4788097 — Tenancy dispute

Tenantcheck Insights

Reasons

This application was dealt with 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).

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. In any application the onus is on the applicant to provide sufficient information. This is especially the case where an adjudicator cannot ask questions and is relying on the information provided with the application to make a decision.

I have not been provided with an explanation as to why the landlord and the tenant are living in the same house and whether or not the RTA applies to this living situation. The landlord has not inspected. I have not been provided with photos, or copies of any notices. More than minor clarifications are needed. I find a hearing must be held.

I have made an order for suppression because it could be prejudicial to name the parties before a final order is made.

Reasons

This application was dealt with 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?

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 have made an order for suppression because it could be prejudicial to name the parties before a final order is made.

Tenancy Tribunal case 4788097 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4788097 — 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