What was the outcome of Tenancy Tribunal case 4836223?

The tribunal order states: The tenancy of Tony Rohana Whitney at 155B Te Akau Road, Okere Falls, RD

How much money was awarded in case 4836223?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4836223?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4836223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10127863-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4836223?

The tribunal order states: The tenancy of Tony Rohana Whitney at 155B Te Akau Road, Okere Falls, RD

How much money was awarded in case 4836223?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4836223?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4836223?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10127863-Tenancy_Tribunal_Order.pdf.

155B Te Akau Road, Okere Falls, RD 4, Rotorua 3074 Tenancy Tribunal Case 4836223 — Rent arrears

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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?

I am satisfied that the two requirements for the expedited process are met: 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 that information alone or with only minor clarifications).

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrears 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.

On 13 March 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. On this date the landlord entered the premises after giving notice for an inspection to investigate abandonment.

The tenant was in rent arrears and the landlord had no communications with them since 27 February 2024.

Photographs from the inspection show that the tenant has removed all beds, living room furniture, items from the bathroom and kitchen ware.

The tenancy was for a fixed period ending on 10 March 2024. The application for abandonment was made to the Tribunal on 13 March 2024.

A fixed term tenancy becomes periodic unless contrary notice is given. When a fixed term tenancy of more than 90 days expires the tenancy continues as a periodic tenancy with the same terms and conditions.

A tenancy does not continue as a periodic tenancy however if before the expiry the tenancy ends the parties agreed not to continue with the tenancy, or the tenant gives a landlord 28 days written notice of their intention not to continue with the tenancy. See section 60A Residential Tenancies Act 1986.

There was no evidence that the tenant had provided written notice that they did not want to continue with the tenancy or agreed with the landlord not to continue with the tenancy.

I find that a periodic tenancy exists, and the tenancy has been abandoned.

The landlord provided rent records which prove the amount owing at today’s date.

Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

All the requirements for an expedited abandonment application have been met.