How much money was awarded in case 4983188?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4983188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10772271-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4983188?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4983188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10772271-Tenancy_Tribunal_Order.pdf.

13C Omapere Road, Kaikohe, Kaikohe 0405 Tenancy Tribunal Case 4983188 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4983188?

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

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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?

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.

The landlord states that the tenant is not responding to texts and emails and that they received a text from them saying “please just end my tenancy like I requested months ago”. A copy of either of the texts was not provided.

The landlord also said that they issued a section 56 letter for failing to live at the premises with no response. A copy dated 12 June 2024 was provided.

There was no evidence that the tenant had left the premises, no recent inspections or photographs of the empty premises were provided.

Failure to give correct notice to end a tenancy is not an abandonment. Failure to reply to a section 56 letter and being in rent arrears, without supporting evidence, does amount to an abandonment.

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

Are there grounds for an expedited application?

The landlord also said that they issued a section 56 letter for failing to live at the premises with no response. A copy dated 12 June 2024 was provided.

There was no evidence that the tenant had left the premises, no recent inspections or photographs of the empty premises were provided.

Failure to give correct notice to end a tenancy is not an abandonment. Failure to reply to a section 56 letter and being in rent arrears, without supporting evidence, does amount to an abandonment.

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

Tenancy Tribunal case 4983188 — Rent arrears at 13C Omapere Road, Kaikohe, Kaikohe 0405

At a glance

Tenancy Tribunal case 4983188 — Rent arrears at 13C Omapere Road, Kaikohe, Kaikohe 0405

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions