Tenantcheck Insights · Case study
Tenancy Tribunal case 5464909 — Tenancy dispute at Unit/Flat Flat 2, 74 Marne Road, Papakura, Papakura 2110
Decided 25 March 2026 · Published 25 March 2026 · Application 5464909
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Papakura
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.
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).
Who is the landlord?
- The tenancy agreement provides that the landlord is Dynasty Investments.
- The Application form was lodged by Guru (David) Sund. In the application form it states that he is the agent acting for his son Rohan Sund who trades as “Dynasty Investments”.
- Mr D Sund has advised the Tribunal that Dynasty Investments is not a limited company but a name under which his son trades.
- Mr D Sund has provided an authority to act from his son.
- The landlord’s name has been amended accordingly.
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; and 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?
- Section 61 of the RTA provides that the Tribunal may terminate a tenancy where the premises have been abandoned and rent is in arrears at the hearing date. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations.
- On 24 February 2026, the landlord or his agent became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said that on that day he or his agent received a telephone call from the tenant during which the tenant said that she did not want the premises anymore and was moving.
- On 12 March 2026, the landlord or his agent visited the premises. Video footage of those videos have been provided to the Tribunal. These videos show the premises have been abandoned: Most of the furniture has been removed and the remaining personal belongings are scattered around the premises. The premises does not appear to be lived in.
- The landlord has provided rent records which prove the amount owing at today’s date.
- As 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.
- If the landlord has other claims against the tenant, the landlord will need to lodge a new application with the Tribunal.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s61, s91AA
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5464909?
The outcome was Mixed / unclear.
How much money was awarded in case 5464909?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5464909?
The dispute type was not classified.
Where can I read the official tribunal order for case 5464909?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13327395-Tenancy_Tribunal_Order.pdf.