What was Tenancy Tribunal case 4939313 about?

The tribunal order states: The tenancy of Hoa Thi Nguyen Nguyen and Hiep Van Nguyen at [Tenancy

How much money was awarded in case 4939313?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4939313?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4939313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10654727-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939313 about?

The tribunal order states: The tenancy of Hoa Thi Nguyen Nguyen and Hiep Van Nguyen at [Tenancy

How much money was awarded in case 4939313?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4939313?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4939313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10654727-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4939313 — Rent arrears

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?

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 12 July 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they received a phone call from a neighbour to the property that the police had raided the tenancy property and found the tenants were growing marijuana there on a large commercial scale. The landlord confirmed this with the police. The landlord visited the property to try and speak with the tenants, with no response. After providing notice to the tenants, the landlord conducted an inspection on 20 July 2024 and provided photographs of the inside of the property. The photographs show little furniture in the property, other than a mattress pushed up against a wall, empty kitchen cupboards, no personal clothes or belongings, all floors covered with plastic sheeting and multiple small stools on top of the plastic sheeting, large ducts covered with foil and strewn bedding. The landlord showed they made attempts to contact the tenants, without success. I am persuaded by this evidence that the property has been abandoned.

The landlord provided rent records which prove the tenants owed rent arrears at the date the application was filed.

The tenants have not contested the application.

All the requirements for an expedited abandonment application have been met. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

The landlord requested suppression. As they have been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name, identifying details and the tenancy address are not to be published. See section 95A(1) Residential Tenancies Act 1986.

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?

Should the tenancy be terminated?

The landlord provided rent records which prove the tenants owed rent arrears at the date the application was filed.

The tenants have not contested the application.

All the requirements for an expedited abandonment application have been met. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

Tenancy Tribunal case 4939313 — Rent arrears

At a glance

Tenancy Tribunal case 4939313 — Rent arrears

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

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions