What was the outcome of Tenancy Tribunal case 4976867?

The tribunal order states: By declaration, the tenants at 200A Halswell Road, Hillmorton (Mr Wilkinson

How much money was awarded in case 4976867?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4976867?

The dispute type was not classified.

Where can I read the official tribunal order for case 4976867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10879366-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4976867?

The tribunal order states: By declaration, the tenants at 200A Halswell Road, Hillmorton (Mr Wilkinson

How much money was awarded in case 4976867?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4976867?

The dispute type was not classified.

Where can I read the official tribunal order for case 4976867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10879366-Tenancy_Tribunal_Order.pdf.

200A Halswell Road, Hillmorton, Christchurch 8025 Tenancy Tribunal Case 4976867 — Tenancy dispute

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Reasons

The landlord’s attended the hearing.

The tenants did not attend. Mr Ritchie contacted the call centre shortly before the hearing to advise that his contact details were incorrect. Unfortunately, the message does not record his new details.

The landlord has applied for termination of the tenancy for abandonment.

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. 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.

In July, the landlord became aware (or ought to have been aware) that the Mr Wilkinson is no longer at the premises.

However, Mr Ritchie remains at the property, so the tenancy has not been abandoned.

This is a joint tenancy and Mr Wilkinson and Mr Ritchie are jointly and individually liable to the landlord for all the tenant’s obligations under the Tenancy Agreement and the Residential Tenancies Act.

The landlord advised that it wishes to continue the tenancy with Mr Ritchie. The parties can agree to that and can record any variation or amendment to the Tenancy Agreement. Or, they can agree to end this fixed term and start a new tenancy.

I indicated to the Landlord, that I would leave this file open for further direction, if necessary. However, on reflection that is not required. The grounds for termination by abandonment are not made out and any alternative claim for termination would have to be made in a new application (if the parties cannot reach agreement).

Reasons

The landlord’s attended the hearing.

The landlord has applied for termination of the tenancy for abandonment.

Should the tenancy be terminated?

In July, the landlord became aware (or ought to have been aware) that the Mr Wilkinson is no longer at the premises.

However, Mr Ritchie remains at the property, so the tenancy has not been abandoned.

Tenancy Tribunal case 4976867 — Tenancy dispute at 200A Halswell Road, Hillmorton, Christchurch 8025

At a glance

Claims & awards

Tenancy Tribunal case 4976867 — Tenancy dispute at 200A Halswell Road, Hillmorton, Christchurch 8025

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions