What was Tenancy Tribunal case 5574783 about?

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

How much money was awarded in case 5574783?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5574783?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5574783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14183796-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5574783 about?

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

How much money was awarded in case 5574783?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5574783?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5574783?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14183796-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 78 Trevor Hosken Drive, Wiri, Auckland Tenancy Tribunal Case 5574783 — Rent arrears

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.
An application for suppression has been made in this case, and the Tribunal orders interim suppression of the landlord’s name until the full hearing takes place.

Reasons

The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA of the Residential Tenancies Act 1986 (RTA).
These Orders were made on the papers in accordance with section 91AB of the RTA.

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).
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 evidence provided by the landlord is as follows: a. The landlord says that on 27 August 2026, they received a telephone call from the tenant’s mother who said the tenant had left the premises because the tenant was unable to pay rent; b. The landlord says that on 29 August 2026, they inspected the premises. The landlord has provided photographs of the premises taken during that inspection; c. The landlord has provided: i. A rent ledger showing that the tenant has been in rent arrears since 20 August 2026; and ii. Email and text correspondence and a phone log showing the landlord’s efforts to contact the tenant and the tenant’s mother.
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 tenant'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.
The landlord has provided photographs. However, the photographs show that there is a significant amount of the tenant’s belongings at the premises. The photographs do not show clear evidence of abandonment such as complete (or near complete) removal of belongings, perished food etc, mail overflowing in the letterbox etc.
The evidence regarding the landlord’s conversation with the tenant’s mother is hearsay. While the Tribunal can accept hearsay evidence, I am not willing to do so in circumstances where the tenant has not had an opportunity to attend a hearing.
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. Suppression:
The landlord has applied for suppression. Section 95A of the RTA provides that suppression must be ordered where a party that has been wholly or substantially successful in the proceedings applies for it.
To protect the landlord’s position under the hearing, I order interim suppression of the landlord’s name. The issue of permanent suppression can be considered following the full hearing.

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.
An application for suppression has been made in this case, and the Tribunal orders interim suppression of the landlord’s name until the full hearing takes place.

Reasons

The landlord has applied for termination of the tenancy for abandonment through the expedited process under section 91AA of the Residential Tenancies Act 1986 (RTA).
These Orders were made on the papers in accordance with section 91AB of the RTA.

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).
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 evidence provided by the landlord is as follows: a. The landlord says that on 27 August 2026, they received a telephone call from the tenant’s mother who said the tenant had left the premises because the tenant was unable to pay rent; b. The landlord says that on 29 August 2026, they inspected the premises. The landlord has provided photographs of the premises taken during that inspection; c. The landlord has provided: i. A rent ledger showing that the tenant has been in rent arrears since 20 August 2026; and ii. Email and text correspondence and a phone log showing the landlord’s efforts to contact the tenant and the tenant’s mother.
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 tenant'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.
The landlord has provided photographs. However, the photographs show that there is a significant amount of the tenant’s belongings at the premises. The photographs do not show clear evidence of abandonment such as complete (or near complete) removal of belongings, perished food etc, mail overflowing in the letterbox etc.
The evidence regarding the landlord’s conversation with the tenant’s mother is hearsay. While the Tribunal can accept hearsay evidence, I am not willing to do so in circumstances where the tenant has not had an opportunity to attend a hearing.
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. Suppression:
The landlord has applied for suppression. Section 95A of the RTA provides that suppression must be ordered where a party that has been wholly or substantially successful in the proceedings applies for it.
To protect the landlord’s position under the hearing, I order interim suppression of the landlord’s name. The issue of permanent suppression can be considered following the full hearing.

Tenancy Tribunal case 5574783 — Rent arrears at Unit/Flat Flat 2, 78 Trevor Hosken Drive, Wiri, Auckland

At a glance

Tenancy Tribunal case 5574783 — Rent arrears at Unit/Flat Flat 2, 78 Trevor Hosken Drive, Wiri, Auckland

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.