What was the outcome of Tenancy Tribunal case 5192233?

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

How much money was awarded in case 5192233?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5192233?

The dispute type was not classified.

Where can I read the official tribunal order for case 5192233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582585-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5192233?

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

How much money was awarded in case 5192233?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5192233?

The dispute type was not classified.

Where can I read the official tribunal order for case 5192233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11582585-Tenancy_Tribunal_Order.pdf.

17 McBain Grove, Avalon, Lower Hutt 5011 Tenancy Tribunal Case 5192233 — 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 27 January 2025. On 6 December 2024, the tenant advised that her funds had been frozen by the court. On 27 January 2025, the tenant sent an email to the landlord advising that she was at the airport and her children would be at the premises from time to time. The tenant said that she was willing to pay the expected fee if she could be released from the tenancy. On 12 February 2025, the landlord says they spoke with the tenant and she advised she was in Europe and did not have funds to return.

I acknowledge that rent appears to be in significant arrears as it has not been paid since 31 December 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, and photographs. There is also a live issue as to whether the tenant has already given notice to end the tenancy.

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 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 5192233 — Tenancy dispute at 17 McBain Grove, Avalon, Lower Hutt 5011

At a glance

Claims & awards

Tenancy Tribunal case 5192233 — Tenancy dispute at 17 McBain Grove, Avalon, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions