What was the outcome of Tenancy Tribunal case 5038048?

The tribunal order states: The tenancy of Stephanie Andrews at 10E Kent Road, Manurewa, Auckland

How much money was awarded in case 5038048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5038048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5038048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004868-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5038048?

The tribunal order states: The tenancy of Stephanie Andrews at 10E Kent Road, Manurewa, Auckland

How much money was awarded in case 5038048?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5038048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5038048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004868-Tenancy_Tribunal_Order.pdf.

10E Kent Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5038048 — Rent arrears

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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 15 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. This is a fixed-term tenancy that is to go until 16 May 2025. The landlord said they have made multiple calls and texts to the tenant, without response, apart from one text from the tenant on 9 October 2024, which apparently did not mention the overdue rent or the property’s condition. The landlord visited the property on 15 October 2024 and provided an inspection report also dated 15 October 2024, with photographs. The photographs showed that there is still some large furniture left at the property, including couches, tables and chairs. However, there are no beds, rubbish and clothing is scattered throughout on mostly empty floors in the property. There are many items showing in the photographs of the kitchen bench, which has the appearance of rubbish left in the kitchen. I am persuaded by this evidence that the tenancy has been abandoned.

The landlord provided rent records which show there were rent arrears at the date of filing the application.

The tenant has not contested the claim.

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.

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 show there were rent arrears at the date of filing the application.

The tenant has not contested the claim.

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 5038048 — Rent arrears at 10E Kent Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5038048 — Rent arrears at 10E Kent Road, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions