Tenantcheck Insights · Case study
Tenancy Tribunal case 5356245 — Tenancy dispute at Unit/Flat 3, 1 Steeles Lane, Western Heights, Rotorua 3015
Decided 6 Oct 2025 · Published 6 Oct 2025 · Application 5356245
At a glance
Key facts from the published tribunal order.
Location
Rotorua
Tribunal region
Adjudicator
A Macpherson
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 application for termination under the expedited abandonment process is not granted.
- The application is referred to Tenancy Services for a full hearing to be scheduled.
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 was abandoned on 22 July 2025. They say that everything inside the premises has been trashed and there are damages (photographs provided). Power has been disconnected since 8 July 2025 and the tenant has recently stopped paying rent. There landlord says there has been no ‘proper’ communication with the tenant.
- I acknowledge that rent is now in arrears in accordance with the rent summary provided. However, I also note that on 6 August 2025, the tenant indicated that they did not wish to give up their home and they would, “most definitely be back.” The tenant stated that someone else had ‘trashed’ the premises.
- I find that the expedited process is not therefore appropriate in these circumstances. In addition, the landlord has not provided any explanation as to the relevance of the date of abandonment on 22 July 2025. The tenancy could not have been abandoned on that date as rent was not in arrears at that time.
- I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61, s91AA
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5356245 about?
The tribunal order states: The application for termination under the expedited abandonment process is not
How much money was awarded in case 5356245?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5356245?
The dispute type was not classified.
Where can I read the official tribunal order for case 5356245?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12511289-Tenancy_Tribunal_Order.pdf.