What was the outcome of Tenancy Tribunal case 4954774?

The tribunal order states: The tenancy of Patricia Ndachombonye at Unit/Flat 403, 95 Anzac Avenue,

How much money was awarded in case 4954774?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4954774?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4954774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10655847-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4954774?

The tribunal order states: The tenancy of Patricia Ndachombonye at Unit/Flat 403, 95 Anzac Avenue,

How much money was awarded in case 4954774?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4954774?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4954774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10655847-Tenancy_Tribunal_Order.pdf.

Unit/Flat 403, 95 Anzac Avenue, Auckland Central, Tenancy Tribunal Case 4954774 — 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 3 July 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises, as they issued the tenant with a return to property notice that day. Prior to this, the landlord had become concerned when they noticed on 26 June 2024, when conducting an annual alarm test at the property, where they required a locksmith to enter the property, that the condition of the property was filthy, with fruit flies on the ceiling, a foul smell from rubbish and food scraps and noticed there was no bed, just a couch. Despite attempts to contact the tenant, there was no response. After the landlord issued the tenant a return to property notice on 3 July 2024, they visited the property on 26 July 2024, when the tenant was not home. A neighbour said he had not seen the tenant for a while, since Easter 2024. The landlord provided an inspection report dated 26 July 2024 with photographs. These photographs showed rubbish and clothing strewn throughout the property, no furniture apart from an old couch, rubbish bags throughout, old food left on the kitchen counter and an empty fridge. I am persuaded by the evidence that the tenancy has been abandoned.

The tenant has not contested the application.

The landlord provided rent records which show there were rent arrears at the date of filing the application.

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 tenant has not contested the application.

The landlord provided rent records which show there were rent arrears at the date of filing the application.

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 4954774 — Rent arrears at Unit/Flat 403, 95 Anzac Avenue, Auckland Central,

At a glance

Tenancy Tribunal case 4954774 — Rent arrears at Unit/Flat 403, 95 Anzac Avenue, Auckland Central,

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

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

Frequently asked questions