Tenantcheck Insights · Case study
Tenancy Tribunal case 5479793 — Tenancy dispute at 16B Awatere Street, Clover Park, Auckland 2023
Decided 12 April 2026 · Published 12 April 2026 · Application 5479793
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 tenancy of Nancy Mariah Pupuali'i at 16B Awatere Street, Clover Park, Auckland 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
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?
- 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?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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.
- I find that on 11 February 2026, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
- The landlord says that during a telephone conversation with the tenant on 10 February 2026 the tenant said she was now residing in Australia. The landlord said the tenant was asked to provide her notice to terminate the tenancy in writing.
- The following day, 11 February 2026, the tenant sent an email to the landlord saying that she had left the premises and had relocated to Australia. The landlord said that they then telephoned the tenant and asked her to complete a Notice to End tenancy form. Presumably, this was because the tenant’s email of 11 February 2026 did not meet the requirements of section 51(2A) to 4 of the RTA.
- Despite the landlord continuing to request the completed Notice to End tenancy form, the tenant did not provide it. On 19 March 2026, the landlord carried out an inspection of the premises. Photographs from that inspection have been provided which show the tenant has vacated and is no longer residing at the premises.
- The landlord has provided rent records which prove the amount owing at the date of the landlord’s application.
- 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 further claims against the tenant, the landlord will need to lodge a new claim with the Tribunal and pay the applicable fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s51(2A), s61, s91AA
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5479793?
The tribunal order states: The tenancy of Nancy Mariah Pupuali'i at 16B Awatere Street, Clover Park,
How much money was awarded in case 5479793?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5479793?
The dispute type was not classified.
Where can I read the official tribunal order for case 5479793?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13430731-Tenancy_Tribunal_Order.pdf.