Published tribunal order
Tenancy Tribunal case 5198711 — Rent arrears at 2A Heatherleigh Rise, Northcross, Auckland 0632
Decided 8 Apr 2025 · Published 8 Apr 2025 · Application 5198711
Mixed / unclear
- Rent arrears
Order
- Rentex Limited is granted possession of the premises at 2A Heatherleigh Rise, Northcross, Auckland 0632 immediately.
- Nguyen Van Thang must pay Rentex Limited $1,727.00 immediately, being rent arrears to 2 March 2025 and the application filing fee ($27.00).
- The application for termination under the expedited abandonment process is granted.
Reasons
- Ms Anderson appeared on behalf of the Landlord.
- At the start of the hearing Ms Anderson let me know the Tenant had left New Zealand. This was helpful information to have from the outset. This information explains why the Tenant was not contactable, and also supports the Landlord’s contention that the Tenant has no intention of returning to the premises to continue the tenancy.
- 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 22 February 2025 the rent was overdue. Ms Anderson visited the premises on 13 March and noted that while the Tenant had previously communicated well with her, his sudden silence and the absence of his possessions from the premises were unexpected indications that he had abandoned the property. I agree with the property manager’s observations.
- I find the Tenant abandoned the premises on 22 February 2025, and consider that by 2 March 2025, the Landlord new or ought to know something was up.
- The Landlord provided rent records which prove the amount owing on 2 March 2025, and I have awarded that amount.
- Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.
- All the requirements for an expedited abandonment application have been met. The hearing is adjourned for the landlord to file an amended claim on the attached form, within two months of this order, for rent arrears and any other orders arising from the end of the tenancy.
- Because Rentex Limited As Agent For Kim Van Heerden has wholly succeeded with the claim I must reimburse the filing fee.