What was Tenancy Tribunal case 5538776 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Kowhai Street, Naenae, Lower Hutt 5011

How much money was awarded in case 5538776?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5538776?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5538776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13894240-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5538776 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Kowhai Street, Naenae, Lower Hutt 5011

How much money was awarded in case 5538776?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5538776?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5538776?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13894240-Tenancy_Tribunal_Order.pdf.

15 Kowhai Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 5538776 — Rent arrears

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The landlord confirmed that the tenant had been in contact in June 2026 to discuss the end of the tenancy. Extended family have been involved in discussions regarding the termination of the tenancy after receiving the application. The tenant has not contacted the Tribunal seeking an adjournment or providing a phone number that she could be reached on for this hearing. I am proceeding with the hearing in the tenant’s absence.

The landlord has applied for termination of the tenancy and immediate possession of the premises on the grounds that the tenant has abandoned the property.

The tenancy commenced on 28 November 2014 and the only tenant on the tenancy agreement is [The tenant/s]. Ms Juma’s husband and family live at the property, despite the actual tenant now residing in Australia. The husband has sought to apply to remain at the property but is not presently eligible to take over the tenancy.

The landlord states that the tenant has vacated the premises and is no longer in occupation. The landlord provided the following evidence of abandonment.

Ms Juma contacted the landlord on 4 May 2026 to advise that she was moving to Australia with her children. The tenant advised that her husband would remain at the property until she was settled in Australia.

On 6 th May 2026, the landlord met with the tenant to discuss her change in circumstances. The tenant said she was intending to leave for Australia and signed a Notice to End the tenancy form.

On 10 June 2026, the landlord realised that the tenant had signed the wrong form, and they sent the correct form to her. The tenant’s adult daughter had signed and returned the correct form on 17 th June 2026 on behalf of her mother, who was now residing in Australia.

At the time of filing the application the rent was in arrears. However, on 13 th July 2026 the rent arrears were cleared.

Since the 6 th of May 2026, the landlord had not had any direct communication with the tenant. The landlord went to the property to discuss the situation with the tenant’s husband, who continues to reside in the property. The husband was not at home.

The landlord has not had any communication with the tenant since 17 June 2026 when the Notice to End the tenancy form was returned. The landlord further states that family members of the tenant, who are not parties to the tenancy agreement, remain in occupation of the premises.

The landlord seeks immediate possession of the premises.

Under section 61 of the Residential Tenancies Act 1986, the Tribunal may terminate a tenancy if satisfied that the tenant has abandoned the premises.

Based on the evidence provided, I am satisfied that the tenant has abandoned the premises.

The remaining occupants are not parties to the tenancy agreement and have no legal right to remain in the premises under the Act.

The tenancy at 15 Kowhai Street, Naenae, Lower Hutt is terminated pursuant to section 61 of the Residential Tenancies Act 1986. A possession order is granted in favour of the landlord, pursuant to section 64 of the Residential Tenancies Act 1986.

Order

The tenancy of [The tenant/s] at 15 Kowhai Street, Naenae, Lower Hutt 5011 is terminated at 11.59 pm on Tuesday 14 th July 2026 and the Kainga Ora- Homes and Communities is granted immediate possession after that date and time.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The landlord confirmed that the tenant had been in contact in June 2026 to discuss the end of the tenancy. Extended family have been involved in discussions regarding the termination of the tenancy after receiving the application. The tenant has not contacted the Tribunal seeking an adjournment or providing a phone number that she could be reached on for this hearing. I am proceeding with the hearing in the tenant’s absence.
The landlord has applied for termination of the tenancy and immediate possession of the premises on the grounds that the tenant has abandoned the property.
The tenancy commenced on 28 November 2014 and the only tenant on the tenancy agreement is [The tenant/s]. Ms Juma’s husband and family live at the property, despite the actual tenant now residing in Australia. The husband has sought to apply to remain at the property but is not presently eligible to take over the tenancy.
The landlord states that the tenant has vacated the premises and is no longer in occupation. The landlord provided the following evidence of abandonment.
Ms Juma contacted the landlord on 4 May 2026 to advise that she was moving to Australia with her children. The tenant advised that her husband would remain at the property until she was settled in Australia.
On 6 th May 2026, the landlord met with the tenant to discuss her change in circumstances. The tenant said she was intending to leave for Australia and signed a Notice to End the tenancy form.
On 10 June 2026, the landlord realised that the tenant had signed the wrong form, and they sent the correct form to her. The tenant’s adult daughter had signed and returned the correct form on 17 th June 2026 on behalf of her mother, who was now residing in Australia.
At the time of filing the application the rent was in arrears. However, on 13 th July 2026 the rent arrears were cleared.
Since the 6 th of May 2026, the landlord had not had any direct communication with the tenant. The landlord went to the property to discuss the situation with the tenant’s husband, who continues to reside in the property. The husband was not at home.
The landlord has not had any communication with the tenant since 17 June 2026 when the Notice to End the tenancy form was returned. The landlord further states that family members of the tenant, who are not parties to the tenancy agreement, remain in occupation of the premises.
The landlord seeks immediate possession of the premises.
Under section 61 of the Residential Tenancies Act 1986, the Tribunal may terminate a tenancy if satisfied that the tenant has abandoned the premises.
Based on the evidence provided, I am satisfied that the tenant has abandoned the premises.
The remaining occupants are not parties to the tenancy agreement and have no legal right to remain in the premises under the Act.
The tenancy at 15 Kowhai Street, Naenae, Lower Hutt is terminated pursuant to section 61 of the Residential Tenancies Act 1986. A possession order is granted in favour of the landlord, pursuant to section 64 of the Residential Tenancies Act 1986.

Tenancy Tribunal case 5538776 — Rent arrears at 15 Kowhai Street, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Tenancy Tribunal case 5538776 — Rent arrears at 15 Kowhai Street, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions