How much money was awarded in case 4827621?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4827621?

The dispute type was not classified.

Where can I read the official tribunal order for case 4827621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071034-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4827621?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4827621?

The dispute type was not classified.

Where can I read the official tribunal order for case 4827621?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071034-Tribunal_Order_Redacted.pdf.

Room Suite 11F, 126 The Terrace, Wellington Central, Tenancy Tribunal Case 4827621 — Tenancy dispute

Q: What was Tenancy Tribunal case 4827621 about?

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

Reasons

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 Residential Tenancies Act 1986. 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 information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

This tenancy has ended as agreed by the parties. The tenant contacted the landlord on 24 February 2024 confirming that she was going to hand over the key.

The landlord stated that the tenant has left belongings behind and there are damages that need to be assessed. The tenant confirmed by email that due to violence she had been unable to return to the premises.

The landlord sought an order that the premises were abandoned because the tenant has failed to return to remove the rest of her belongings and return the keys. No photographs were provided of what was left at the premises.

Abandonment occurs when a tenant unlawfully departs the premises with no intention of returning and no intention of honouring their obligation under the lease. See section 61(1),91AA,RTA.

The tenant may have breached their responsibilities upon the termination of the tenancy, but it does not mean it was abandoned.

The application for termination under the expedited abandonment process is not granted.

The application is referred to Tenancy Services for a full hearing to be scheduled.

Section 95A, RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

Due to the claims of violence in relation to this tenancy and regarding the interests of the parties I have ordered that the name and identifying particulars of both parties are not published.

Order

The application for termination under the expedited abandonment process is not granted.
The application is referred to Tenancy Services for a full hearing to be scheduled.

Reasons

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 Residential Tenancies Act 1986. 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 information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.
This tenancy has ended as agreed by the parties. The tenant contacted the landlord on 24 February 2024 confirming that she was going to hand over the key.
The landlord stated that the tenant has left belongings behind and there are damages that need to be assessed. The tenant confirmed by email that due to violence she had been unable to return to the premises.
The landlord sought an order that the premises were abandoned because the tenant has failed to return to remove the rest of her belongings and return the keys. No photographs were provided of what was left at the premises.
Abandonment occurs when a tenant unlawfully departs the premises with no intention of returning and no intention of honouring their obligation under the lease. See section 61(1),91AA,RTA.
The tenant may have breached their responsibilities upon the termination of the tenancy, but it does not mean it was abandoned.
The application for termination under the expedited abandonment process is not granted.
The application is referred to Tenancy Services for a full hearing to be scheduled.
Section 95A, RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Due to the claims of violence in relation to this tenancy and regarding the interests of the parties I have ordered that the name and identifying particulars of both parties are not published.

Tenancy Tribunal case 4827621 — Tenancy dispute at Room Suite 11F, 126 The Terrace, Wellington Central,

At a glance

Claims & awards

Tenancy Tribunal case 4827621 — Tenancy dispute at Room Suite 11F, 126 The Terrace, Wellington Central,

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