Tenantcheck Insights · Case study
Tenancy Tribunal case 5331360 — Tenancy dispute at 104 Bayswater Avenue, Bayswater, Auckland 0622
Decided 1 Sept 2025 · Published 1 Sept 2025 · Application 5331360
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
T Harris
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of [The tenant/s] tenant/s] at 104 Bayswater Avenue, Bayswater, Auckland 0622 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, immediately.
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?
- 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 August 2025 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On this date the landlord gained access to the premises finding no one at the property, overgrown lawns and overflowing mailbox. There was no sign of the tenant or that someone was living there. Photographs were provided.
- A section 56 notice was issued to the tenant which expired on 13 June 2025.
- The landlord had been in contact with the tenant after discovering that they had gone to Australia in May 2025, after this was confirmed by MBIE. The tenant said that they would return in July but have not.
- The landlord provided rent records which prove the amount owing at today’s date.
- 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.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s56, s61, s91AA
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5331360 about?
The tribunal order states: The tenancy of [The tenant/s] tenant/s] at 104 Bayswater Avenue, Bayswater,
How much money was awarded in case 5331360?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5331360?
The dispute type was not classified.
Where can I read the official tribunal order for case 5331360?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12344576-Tenancy_Tribunal_Order.pdf.
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