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Tenancy Tribunal case 4788500 — 14-day notice

Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4788500

14-day notice

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

W Lang

Tenantcheck Insights · Case study

Tenancy Tribunal case 4788500 — 14-day notice

Decided 5 Mar 2024 · Published 5 Mar 2024 · Application 4788500

14-day notice

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

W Lang

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 tenancy of April Himiona at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Reasons

The landlord attended the hearing but the tenant did not.
The landlord has applied for termination of the tenancy for abandonment, and for failing to remedy 14 day notices setting out various breaches by the tenant.

Should the tenancy be terminated?

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.
On 18 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord had gone to the property a number of times prior to 18 December and had tried to contact the tenant by phone and text. By 18 December I am satisfied that the landlord reasonably reached the conclusion the tenancy had been abandoned as there was no sign of any one living there and the rubbish, particularly the food rubbish had been there for a period of time and was rancid.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
As the tenancy is terminated for abandonment there is no need to consider the application to terminate based on breach and failure to remedy the 14-day notices issued.
The landlord has applied for suppression of its name and details of the tenancy. As the landlord has been successful in it claim it is entitled to suppression. See section 95A, RTA.

Topics & place

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

14-day notice NO ADDRESS

Residential Tenancies Act sections

s61, s95A

Key findings

Dispute theme: termination 14day

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4788500 about?

The tribunal order states: The tenancy of April Himiona at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4788500?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4788500?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4788500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019932-Tribunal_Order_Redacted.pdf.