Tenantcheck Insights · Case study
Tenancy Tribunal case 5497798 — Rent arrears at Unit/Flat Unit 312, 35 Hobson Street, Auckland Central,
Decided 5 May 2026 · Published 5 May 2026 · Application 5497798
- Rent arrears
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 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 has submitted evidence of rent arrears and of the many attempts to contact the tenant.
- However, the photographs from the undated inspection do not support that the premises are abandoned. It is acknowledged that the apartment is fully furnished but there are still some clothes and small personal items present.
- More evidence from the recent inspection, and the date of the inspection is required, or copies of previous inspections so comparisons can be made.
- The application for termination under the expedited abandonment process is not granted and the application is referred to Tenancy Services for a full hearing to be scheduled.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s05, s61, s91AA
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5497798?
The tribunal order states: The application for termination under the expedited abandonment process is not
How much money was awarded in case 5497798?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5497798?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5497798?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13544037-Tenancy_Tribunal_Order.pdf.