What was the outcome of Tenancy Tribunal case 5012250?

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

How much money was awarded in case 5012250?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5012250?

The dispute type was not classified.

Where can I read the official tribunal order for case 5012250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10932004-Tenancy_Tribunal_Order - OP.pdf.

What was the outcome of Tenancy Tribunal case 5012250?

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

How much money was awarded in case 5012250?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5012250?

The dispute type was not classified.

Where can I read the official tribunal order for case 5012250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10932004-Tenancy_Tribunal_Order - OP.pdf.

30 Timata Lane, Favona, Auckland 2024 Tenancy Tribunal Case 5012250 — 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?

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 says the premises were abandoned on 18 September 2024 but there is no explanation as to the relevance of this date. The landlord says they inspected the premises on 16 September and visited again on 28 September, and discovered no power, no food In the fridge, no bedding, and the premises was dirty. The landlord says they have made multiple attempts to contact the tenant without success.

I acknowledge that rent appears to be in arrears as it has not been paid since 5 September 2024. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.

In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs, and all relevant correspondence.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.

I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

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?

In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs, and all relevant correspondence.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.

I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

Tenancy Tribunal case 5012250 — Tenancy dispute at 30 Timata Lane, Favona, Auckland 2024

At a glance

Claims & awards

Tenancy Tribunal case 5012250 — Tenancy dispute at 30 Timata Lane, Favona, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Frequently asked questions