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Tenantcheck Insights · Case study

Tenancy Tribunal case 4789709 — Tenancy dispute

Decided 29 Jan 2024 · Published 29 Jan 2024 · Application 4789709

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

K Koller

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.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4789709 — Tenancy dispute

Decided 29 Jan 2024 · Published 29 Jan 2024 · Application 4789709

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

K Koller

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 application for termination under the expedited abandonment process is not granted.
The landlord must contact Tenancy Services immediately to get advice about amending this application.
The application is referred to Tenancy Services for a full hearing to be scheduled.

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.
I am not satisfied that this is the correct 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. The landlord states that the parties have agreed to viewings so a new tenant can be found for the apartment. This is not an abandonment.
The landlord must contact Tenancy Services so this application can be amended.
Name suppression is allowed because it could be prejudicial to name the parties at this stage.

Topics & place

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

NO ADDRESS

Residential Tenancies Act sections

s61, s91AA

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4789709 about?

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

How much money was awarded in case 4789709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4789709?

The dispute type was not classified.

Where can I read the official tribunal order for case 4789709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9892848-Tribunal_Order_Redacted.pdf.

Order

The application for termination under the expedited abandonment process is not granted.
The landlord must contact Tenancy Services immediately to get advice about amending this application.
The application is referred to Tenancy Services for a full hearing to be scheduled.

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.
I am not satisfied that this is the correct 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. The landlord states that the parties have agreed to viewings so a new tenant can be found for the apartment. This is not an abandonment.
The landlord must contact Tenancy Services so this application can be amended.
Name suppression is allowed because it could be prejudicial to name the parties at this stage.

Topics & place

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

NO ADDRESS

Residential Tenancies Act sections

s61, s91AA

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4789709 about?

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

How much money was awarded in case 4789709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4789709?

The dispute type was not classified.

Where can I read the official tribunal order for case 4789709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9892848-Tribunal_Order_Redacted.pdf.