Tenantcheck Insights · Case study
Tenancy Tribunal case 5478392 — Tenancy dispute at 5B Wyona Place, Otara, Auckland 2023
Decided 7 April 2026 · Published 7 April 2026 · Application 5478392
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 Mata Pori Nikau Vaeau at 5B Wyona Place, Otara, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Reasons
- The 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 20 March 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said the tenant had not responded to repeated requests for her to contact them, had stopped paying rent and had not been seen by the neighbours for more than 30 days. The landlord carried out an inspection and provided an inspection report dated 20 March 2026, with photographs showing the condition of the property. The landlord commented there was a severe cockroach and flea infestation at the property, to the point where they were unable to remain for long at the property. The photographs in the inspection report show the property being mostly empty, apart from several items of furniture and much rubbish left at the property. The photographs showed the cupboards and fridge were mostly empty and showed the pest issues at the property. The landlord reported the lawns were overgrown also. The evidence of the neglected and unhygienic condition of the property, as well as the lack of response from the tenant to the landlord’s communication attempts, the lack of rent payment where rent was paid consistently in the past, according to the rent summary, and the tenant not being seen by neighbours at the property for some time, persuade me that the property has likely been abandoned. The landlord said that unidentified individuals have been seen around the property, raising concerns that the property might be misused by others not permitted to be at the property.
- The landlord provided rent records which show rent was in arrears at the date the application was filed.
- The tenant did not contest 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
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5478392?
The tribunal order states: The tenancy of Mata Pori Nikau Vaeau at 5B Wyona Place, Otara, Auckland
How much money was awarded in case 5478392?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5478392?
The dispute type was not classified.
Where can I read the official tribunal order for case 5478392?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13400689-Tenancy_Tribunal_Order.pdf.