What was the outcome of Tenancy Tribunal case 4905657?

The tribunal order states: The tenancy of Ngahuia Repia at 3B Pearl Baker Drive, Otara, Auckland 2023 is

How much money was awarded in case 4905657?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4905657?

The dispute type was not classified.

Where can I read the official tribunal order for case 4905657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10463539-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4905657?

The tribunal order states: The tenancy of Ngahuia Repia at 3B Pearl Baker Drive, Otara, Auckland 2023 is

How much money was awarded in case 4905657?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4905657?

The dispute type was not classified.

Where can I read the official tribunal order for case 4905657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10463539-Tenancy_Tribunal_Order.pdf.

3B Pearl Baker Drive, Otara, Auckland 2023 Tenancy Tribunal Case 4905657 — Tenancy dispute

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Reasons

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?

I am satisfied that the two requirements for the expedited process are met: 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 that information alone or with only minor clarifications).

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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.

On 23 May 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On this date the landlord held an inspection after the rent had stopped being paid and the tenant was unable to be contacted.

On 8 May a section 56 breach of the terms of the tenancy notice had been issued. The landlords received confirmation from MSD that the tenant was no longer living at the premises on 17 May 2024.

Photographs from the inspection show no bedding, very few personal items, empty cupboards and an overgrown lawn. The landlord confirmed that the power had been disconnected and the premises were not secure.

The landlord provided rent records which prove the amount owing at today’s date.

Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

All the requirements for an expedited abandonment application have been met.

Reasons

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?

Should the tenancy be terminated?

On 8 May a section 56 breach of the terms of the tenancy notice had been issued. The landlords received confirmation from MSD that the tenant was no longer living at the premises on 17 May 2024.

The landlord provided rent records which prove the amount owing at today’s date.

Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

All the requirements for an expedited abandonment application have been met.

Tenancy Tribunal case 4905657 — Tenancy dispute at 3B Pearl Baker Drive, Otara, Auckland 2023

At a glance

Claims & awards

Tenancy Tribunal case 4905657 — Tenancy dispute at 3B Pearl Baker Drive, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions