What was the outcome of Tenancy Tribunal case 4939215?

The tribunal order states: The tenancy of Shane James Walker and Vanessa Lennon at Unit/Flat 2, 16

How much money was awarded in case 4939215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4939215?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4939215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10657503-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4939215?

The tribunal order states: The tenancy of Shane James Walker and Vanessa Lennon at Unit/Flat 2, 16

How much money was awarded in case 4939215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4939215?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4939215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10657503-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 16 Springfield Road, Morningside, Auckland Tenancy Tribunal Case 4939215 — Rent arrears

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Reasons

This application was dealt with on the papers.

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 10 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord saw a delivery truck at the property removing the tenants’ washing machine. The landlord said the tenants did not show up to a meeting to discuss rent arrears that had been arranged by one of the tenants. The security camera footage from the drive of the property apparently showed neither tenant had been at the property recently. The landlord emailed the tenants on 11 July 2024, gave notice of an inspection on 15 July 2024, heard back from one of the tenants on 16 July 2024 that she had moved out of the property in August 2023 (without providing notice to the landlord) and the other tenant had sublet the property after that. The landlord replied by email on 17 July 2024 that the unconsented sub-lettor, who had apparently been bailed to the property without the landlord’s knowledge or consent had been removed by the police, and the tenant who had moved out had done so without notice and was still liable under the tenancy agreement. The landlord said there had been no response at all from the remaining tenant. There were photographs provided by the landlord dated both 15 July 2024 and on 17 July 2024. These photographs showed an empty wardrobe, a bed frame with a mattress, bedding and rubbish strewn throughout the property, dirty dishes and pans left around, dirty glasses on a table, a space where the washing machine likely had been. These photographs showed the property was abandoned. The landlord said further that a woman purporting to be a friend of the remaining tenant, had broken into the flat on 8 July 2024 and 9 July 2024. I am persuaded by this evidence that the property has been abandoned.

The tenants have not contested the application.

The landlord provided rent records. These rent records indicate it is highly likely that there were rent arrears at the time the application was filed.

All the requirements for an expedited abandonment application have been met. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

Reasons

This application was dealt with on the papers.

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?

Should the tenancy be terminated?

The tenants have not contested the application.

The landlord provided rent records. These rent records indicate it is highly likely that there were rent arrears at the time the application was filed.

All the requirements for an expedited abandonment application have been met. Because the premises have been abandoned, and rent is in arrears, I am terminating the tenancy immediately.

Tenancy Tribunal case 4939215 — Rent arrears at Unit/Flat 2, 16 Springfield Road, Morningside, Auckland

At a glance

Tenancy Tribunal case 4939215 — Rent arrears at Unit/Flat 2, 16 Springfield Road, Morningside, Auckland

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions