Tenantcheck Insights · Case study
Tenancy Tribunal case 5496467 — Tenancy dispute at 22 Patience Way, Massey, Waitakere, Auckland 0614
Decided 4 May 2026 · Published 4 May 2026 · Application 5496467
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
T Harris
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 Nikki Marie Cribb at 22 Patience Way, Massey, Waitakere, Auckland 0614 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 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 14 April 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
- The landlord conducted an inspection on this date and stated that they found the premises clean and largely vacant with minimal furniture or personal belongings present. They believe that the tenant is not living at the premises and have attempted to contact her since an inspection conducted on 5 February 2026.
- The landlord from that date has emailed the tenant, tried to call but found the phone would not receive calls and visited the premises on 24 March and 8 April 2026 after giving the tenant notice requesting meetings on this date. No one was present.
- The landlord then gave 24 hours’ notice for the inspection dated 14 April where the tenant did not appear.
- The landlord states that they have tried, phone calls ,texts, email visits personal emergency contacts and contacted external agencies to attempt to contact the tenant with no success.
- The photographs from the inspection on 14 April show a tidy premises with few items of furniture and small appliances and household items present. There were no personal items or clothes, a bare bed and empty wardrobes.
- I find the evidence provided supports the landlords claim that no one is actively living at the premises.
- The landlord provided rent records which prove the amount owing at today’s date.
- 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
s04, s61, s91AA
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5496467?
The tribunal order states: The tenancy of Nikki Marie Cribb at 22 Patience Way, Massey, Waitakere,
How much money was awarded in case 5496467?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5496467?
The dispute type was not classified.
Where can I read the official tribunal order for case 5496467?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13533642-Tenancy_Tribunal_Order.pdf.