What was the outcome of Tenancy Tribunal case 5138568?

The tribunal order states: The tenancy of Leah Pepperell at 7 Kenney Crescent, Fairfield, Hamilton 3214

How much money was awarded in case 5138568?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5138568?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359537-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5138568?

The tribunal order states: The tenancy of Leah Pepperell at 7 Kenney Crescent, Fairfield, Hamilton 3214

How much money was awarded in case 5138568?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5138568?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5138568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359537-Tenancy_Tribunal_Order.pdf.

7 Kenney Crescent, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5138568 — Rent arrears

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Reasons

The application was decided 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 1 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord received complaints from the neighbours about the condition of the property’s exterior, saying they had not seen the tenant for about 3 months at the property. The landlord tried to reach the tenant and conducted 10 visits to the property and made 10 calls to the tenant in these efforts, without success. The landlord issued a notice for the tenant to return to live in the property, to which the tenant did not comply. The landlord provided an Inspection report dated 18 November 2024, with photographs, which show the property has been very badly damaged, especially the walls in the property, and there is extensive rubbish throughout the interior and exterior of the property and broken windows, which were then boarded up. The landlord said squatters had got into the property and likely caused much of the damage. 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

The application was decided 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 5138568 — Rent arrears at 7 Kenney Crescent, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5138568 — Rent arrears at 7 Kenney Crescent, Fairfield, Hamilton 3214

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

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

Frequently asked questions