Tenantcheck Insights · Case study
Tenancy Tribunal case 5438572 — Rent arrears at Unit/Flat 1109, 20 McCrae Way, New Lynn, Auckland 0600
Decided 20 February 2026 · Published 20 February 2026 · Application 5438572
Mixed / unclear
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
K Henry
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 of the Residential Tenancies Act 1986 (RTA).
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 of the RTA.) 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.
- A brief summary of the background is as follows: a. On 15 August 2025, the tenancy commenced; b. The landlord says that at the start of 2026 the tenant said she wanted to breach the fixed term of the tenancy; c. According to the rent ledger provided by the landlord, the tenant has been in rent arrears since 16 January 2026; d. On 30 January 2026, the tenant sent the following email to the landlord: I am writing to confirm that I am still seeking to terminate the lease for the property. The house is now ready for inspection at your convenience. I would also like to note that a few items have been left at the property, including bedside tables, cubbies, bar stools, a plant, and a Himalayan salt lamp. We were unable to transport these to our new property, but we are happy for the next tenant to make use of and keep them if suitable. Alternatively, we can arrange for these items to be disposed of if preferred. Regarding the two outstanding weeks of rent, I kindly ask if this amount could please be deducted from the bond, as I am currently not employed and in the process of relocating. Please let me know how you would like to proceed and if you require anything further from me.
- I am not satisfied that both conditions for the expedited process are met. It is clear that the tenant has vacated the premises. It is also clear that the tenant does not intend to return to the premises. I accept that the tenant was in rent arrears at the date the tenant vacated the premises. However, in this case, the tenant has not failed to notify the landlord. 1 To the contrary, via the email of 30 January 2026, the tenant has notified the landlord in writing that she is vacating the premises and will not be returning.
- It is possible that the tenant’s actions amount to breach of the tenancy 1 As set out at paragraph 3 above, in order for abandonment to have occurred, the tenant must have failed to notify the landlord that they are leaving the premises, not intending to return. agreement. However, this is a claim for expediated abandonment, and it is not open to me to make any findings in that regard.
- The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.
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
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5438572?
The tribunal order states: The application for termination under the expedited abandonment process is not
How much money was awarded in case 5438572?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5438572?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5438572?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13158962-Tenancy_Tribunal_Order.pdf.