What was the outcome of Tenancy Tribunal case 5001688?

The tribunal order states: The tenancy of Wiremu Jack Whareaitu at 1A Finlay Place, Otara, Auckland 2023

How much money was awarded in case 5001688?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5001688?

The dispute type was not classified.

Where can I read the official tribunal order for case 5001688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852222-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5001688?

The tribunal order states: The tenancy of Wiremu Jack Whareaitu at 1A Finlay Place, Otara, Auckland 2023

How much money was awarded in case 5001688?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5001688?

The dispute type was not classified.

Where can I read the official tribunal order for case 5001688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852222-Tenancy_Tribunal_Order.pdf.

1A Finlay Place, Otara, Auckland 2023 Tenancy Tribunal Case 5001688 — 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 4 September 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord states that their last interaction with the tenant was on 20 August 2024 when the tenant visited the landlords Otara office and informed them that he had been out of work for 2 weeks. Multiple visits after this from housing support workers found no one home and there was no response to further phone calls and texts.

The landlord gave 24 hours’ notice of an inspection to confirm if the premises had been abandoned. At the inspection they found the premises mostly empty except for a few minor items.

There were no clothes, household appliances beds or food in the premises. Cupboards and drawers were empty and the were no beds in the rooms.

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?

The landlord gave 24 hours’ notice of an inspection to confirm if the premises had been abandoned. At the inspection they found the premises mostly empty except for a few minor items.

There were no clothes, household appliances beds or food in the premises. Cupboards and drawers were empty and the were no beds in the rooms.

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 5001688 — Tenancy dispute at 1A Finlay Place, Otara, Auckland 2023

At a glance

Claims & awards

Tenancy Tribunal case 5001688 — Tenancy dispute at 1A Finlay Place, 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