What was Tenancy Tribunal case 5555519 about?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 5555519?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5555519?

The dispute type was not classified.

Where can I read the official tribunal order for case 5555519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14007637-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5555519 about?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 5555519?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5555519?

The dispute type was not classified.

Where can I read the official tribunal order for case 5555519?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14007637-Tenancy_Tribunal_Order.pdf.

6D Edgerley Avenue, Epsom, Auckland 1023 Tenancy Tribunal Case 5555519 — Tenancy dispute

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 says that one of the two joint tenants is believed to have passed away several weeks ago. They say that several aggressive dogs were left alone at the premises and had to be removed by SPCA. The landlord entered the premises and say they found extensive damage caused by a burst water pipe and the overall condition is poor. Two photographs of the exterior have been provided. The landlord says the premises have been unoccupied for a considerable period of time and they have no contact number for the remaining tenant, [The tenant/s] tenant/s].

I acknowledge that rent appears to be in arrears in accordance with the rent summary provided, although it is also incomplete. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.

In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs of the interior, and all relevant correspondence.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.

I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

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 says that one of the two joint tenants is believed to have passed away several weeks ago. They say that several aggressive dogs were left alone at the premises and had to be removed by SPCA. The landlord entered the premises and say they found extensive damage caused by a burst water pipe and the overall condition is poor. Two photographs of the exterior have been provided. The landlord says the premises have been unoccupied for a considerable period of time and they have no contact number for the remaining tenant, [The tenant/s] tenant/s].
I acknowledge that rent appears to be in arrears in accordance with the rent summary provided, although it is also incomplete. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.
In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs of the interior, and all relevant correspondence.
In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.
I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

Tenancy Tribunal case 5555519 — Tenancy dispute at 6D Edgerley Avenue, Epsom, Auckland 1023

At a glance

Claims & awards

Tenancy Tribunal case 5555519 — Tenancy dispute at 6D Edgerley Avenue, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.