Tenantcheck Insights · Case study
Tenancy Tribunal case 5439575 — Tenancy dispute at 163 Clarkin Road, Fairfield, Hamilton 3214
Decided 13 February 2026 · Published 13 February 2026 · Application 5439575
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Hamilton
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 tenancy was abandoned on 28 January 2026. They say the tenant has not been seen by her mother who lives next door, and they have been unable to make contact.
- I am unable to find that rent is in arrears as the landlord has not provided a rent summary.
- In addition, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.
- In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs, and all relevant correspondence.
- In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.
- 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
s2004, s48(2B), s61, s91AA
Property management
- MACK PROPERTIES 2004 LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5439575?
The tribunal order states: The application for termination under the expedited abandonment process is not
How much money was awarded in case 5439575?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5439575?
The dispute type was not classified.
Where can I read the official tribunal order for case 5439575?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13121664-Tenancy_Tribunal_Order.pdf.