Tenantcheck Insights · Case study
Tenancy Tribunal case 5427254 — Rent arrears at 3 Bohola Rise, Weymouth, Auckland 2103
Decided 27 January 2026 · Published 27 January 2026 · Application 5427254
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
C Price
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 Mariam Oraha at 3 Bohola Rise, Weymouth, Auckland 2103 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Reasons
- This 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 9 January 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord received a call indicating the tenant had left the country, sent the tenant a notice asking them to return to live at the property pursuant to the tenancy agreement, did not hear back from the tenant so notified the tenant of an inspection. The landlord received confirmation that the tenant left New Zealand in June 2025 for Australia and there was no record of her return to New Zealand, and that the tenant’s benefit had been stopped because she was no longer residing at the property and was absent from New Zealand.
- The landlord provided a copy of an Inspection Report dated 9 January 2026 with photographs of the condition of the property, which show the property mostly empty of furniture and belongings, other than some beds and boxes in one room and the odd item such as a small table. I am persuaded by this evidence that the tenancy has been abandoned.
- The tenant has not contested the claim.
- The landlord provided rent records which show there were rent arrears at the date of filing 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.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61, s91AA
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5427254?
The tribunal order states: The tenancy of Mariam Oraha at 3 Bohola Rise, Weymouth, Auckland 2103 is
How much money was awarded in case 5427254?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5427254?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5427254?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13025607-Tenancy_Tribunal_Order.pdf.