What was the outcome of Tenancy Tribunal case 5039248?

The tribunal order states: The tenancy of Fou Misa at 30 Timata Lane, Favona, Auckland 2024 is

How much money was awarded in case 5039248?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5039248?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5039248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004279-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5039248?

The tribunal order states: The tenancy of Fou Misa at 30 Timata Lane, Favona, Auckland 2024 is

How much money was awarded in case 5039248?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5039248?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5039248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004279-Tenancy_Tribunal_Order.pdf.

30 Timata Lane, Favona, Auckland 2024 Tenancy Tribunal Case 5039248 — 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 18 September 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord provided a list of dates that they had attempted to call or email the tenant on multiple occasions with no response. The landlord also provided copies of 14-day notices to remedy overdue rent payment. The landlord conducted a routine inspection of the property on 18 September 2024 and provided a copy of this report with photographs of the condition of the property. The photographs show that most of the rooms are empty of any furniture, apart from some beds in the bedrooms. There is no food or clothing showing in the photographs. The landlord confirmed the power to the property has been disconnected. 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 application.

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 application.

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 5039248 — Rent arrears at 30 Timata Lane, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 5039248 — Rent arrears at 30 Timata Lane, Favona, Auckland 2024

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