What was Tenancy Tribunal case 5553036 about?

The tribunal order states: The application for termination for abandonment is dismissed.

How much money was awarded in case 5553036?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5553036?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5553036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14144705-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5553036 about?

The tribunal order states: The application for termination for abandonment is dismissed.

How much money was awarded in case 5553036?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5553036?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5553036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14144705-Tenancy_Tribunal_Order.pdf.

19 Burns Street, Owaka, Owaka 9535 Tenancy Tribunal Case 5553036 — Rent arrears

Order

The application for termination for abandonment is dismissed.

Reasons

Mr Parker and Mr van Helsdingen from Colliers New Zealand Limited, attended the hearing for the landlord by video.
The tenant did not join the hearing by telephone or video through the links provided in the notice of hearing. The tenant was called at the start of the hearing on the phone number recorded in the application but the call went to voice mail.
The landlord has applied for termination of the tenancy for abandonment. The landlord’s original application was for rent arrears and refund of the bond. The application was amended three days before the hearing to withdraw the claim for rent arrears and to include compensation for the costs the landlord incurred in preparing the property for rent.

Should the tenancy be terminated?

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 (RTA). 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.
The landlord’s application was originally considered under the expedited abandonment process. The expedited abandonment application was not granted and was referred to the Tenancy Tribunal for a hearing.
In not granting the expedited abandonment application the reasons given by Adjudicator Harris in her order dated 17 August 2026 include:
The landlord has provided further evidence since the expedited abandonment application was determined, in the form of emails it has sent to the tenant and call logs.
The landlord continues to rely on telling the Tribunal about visits by a third party to the premises, has not provided a statement from that person or any photographs of the inside of the premises. An inspection by the landlord for the purpose of determining whether the premises has been abandoned has not occurred 1 .
The Tribunal cannot act simply on what the landlord has been told by others. When the landlord gives evidence of what they have been told, but not witnessed themselves it is hearsay. Hearsay evidence is evidence that is not directly seen, heard or spoken by the person that is giving the evidence. While the tribunal can accept hearsay evidence it is always given much less weight than evidence given by the person who was there, that is because the person who was there can answer questions about what they saw or heard, and the tribunal can make an assessment on the witness’s credibility.
The emails and call logs are not sufficient to show that abandonment has occurred. They provide supporting evidence to the fact that the tenant has not responded to the landlord’s efforts to communicate with her. 1 Section 48(2B) enables the landlord to enter premises for the purpose of confirming whether the tenant has abandoned the premises having given 24 hours’ notice of the intended entry.
The landlord’s evidence does not convince me that the property is abandoned. The application is dismissed.
It is disappointing that the landlord did not take note of the previous Adjudicator’s reasons for not granting the expedited abandonment application. The order sets out clearly why the application was not granted, yet the landlord appears to have either not read or ignored the Adjudicator’s reasoning and has not provided the type of evidence the Adjudicator has explained is required.
The landlord is encouraged to ensure it provides sufficient evidence to support any future applications it makes of this nature.

Order

The application for termination for abandonment is dismissed.

Reasons

Mr Parker and Mr van Helsdingen from Colliers New Zealand Limited, attended the hearing for the landlord by video.
The tenant did not join the hearing by telephone or video through the links provided in the notice of hearing. The tenant was called at the start of the hearing on the phone number recorded in the application but the call went to voice mail.
The landlord has applied for termination of the tenancy for abandonment. The landlord’s original application was for rent arrears and refund of the bond. The application was amended three days before the hearing to withdraw the claim for rent arrears and to include compensation for the costs the landlord incurred in preparing the property for rent.

Should the tenancy be terminated?

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 (RTA). 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.
The landlord’s application was originally considered under the expedited abandonment process. The expedited abandonment application was not granted and was referred to the Tenancy Tribunal for a hearing.
In not granting the expedited abandonment application the reasons given by Adjudicator Harris in her order dated 17 August 2026 include:
The landlord has provided further evidence since the expedited abandonment application was determined, in the form of emails it has sent to the tenant and call logs.
The landlord continues to rely on telling the Tribunal about visits by a third party to the premises, has not provided a statement from that person or any photographs of the inside of the premises. An inspection by the landlord for the purpose of determining whether the premises has been abandoned has not occurred 1 .
The Tribunal cannot act simply on what the landlord has been told by others. When the landlord gives evidence of what they have been told, but not witnessed themselves it is hearsay. Hearsay evidence is evidence that is not directly seen, heard or spoken by the person that is giving the evidence. While the tribunal can accept hearsay evidence it is always given much less weight than evidence given by the person who was there, that is because the person who was there can answer questions about what they saw or heard, and the tribunal can make an assessment on the witness’s credibility.
The emails and call logs are not sufficient to show that abandonment has occurred. They provide supporting evidence to the fact that the tenant has not responded to the landlord’s efforts to communicate with her. 1 Section 48(2B) enables the landlord to enter premises for the purpose of confirming whether the tenant has abandoned the premises having given 24 hours’ notice of the intended entry.
The landlord’s evidence does not convince me that the property is abandoned. The application is dismissed.
It is disappointing that the landlord did not take note of the previous Adjudicator’s reasons for not granting the expedited abandonment application. The order sets out clearly why the application was not granted, yet the landlord appears to have either not read or ignored the Adjudicator’s reasoning and has not provided the type of evidence the Adjudicator has explained is required.
The landlord is encouraged to ensure it provides sufficient evidence to support any future applications it makes of this nature.

Tenancy Tribunal case 5553036 — Rent arrears at 19 Burns Street, Owaka, Owaka 9535

At a glance

Claims & awards

Tenancy Tribunal case 5553036 — Rent arrears at 19 Burns Street, Owaka, Owaka 9535

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.