What was Tenancy Tribunal case 5576583 about?

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

How much money was awarded in case 5576583?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5576583?

The dispute type was not classified.

Where can I read the official tribunal order for case 5576583?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14203632-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5576583 about?

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

How much money was awarded in case 5576583?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5576583?

The dispute type was not classified.

Where can I read the official tribunal order for case 5576583?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14203632-Tenancy_Tribunal_Order.pdf.

115 Foreshore Road, Ahipara, Kaitaia 0481 Tenancy Tribunal Case 5576583 — Tenancy dispute

Tenantcheck Insights

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).

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 of the 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 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 of the 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 type of evidence the Tribunal expects to see is: the tenancy agreement; the notice to inspect the premises under section 48(2B) of the RTA; photographic evidence of the inspection showing that the premises is likely abandoned; any relevant correspondence between the tenant and the landlord.

The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing. Specifically, a. The landlord has advised that the arrangement between the parties is verbal and there is no written tenancy agreement. This means it is not possible to confirm without a hearing if the arrangement is a residential tenancy subject to the RTA and, if so, the names of the parties; and b. There is no evidence that the landlord has inspected the premises in accordance with section 48(2B) of the RTA. 1

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.

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).

Are there grounds for an expedited application?

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 5576583 — Tenancy dispute at 115 Foreshore Road, Ahipara, Kaitaia 0481

At a glance

Claims & awards

Tenancy Tribunal case 5576583 — Tenancy dispute at 115 Foreshore Road, Ahipara, Kaitaia 0481

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.