What was the outcome of Tenancy Tribunal case 5007385?

The tribunal order states: The tenancy of Shavaze David John Hopkins at 39A Onedin Place, Titirangi,

How much money was awarded in case 5007385?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007385?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007385?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877533-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007385?

The tribunal order states: The tenancy of Shavaze David John Hopkins at 39A Onedin Place, Titirangi,

How much money was awarded in case 5007385?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5007385?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007385?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877533-Tenancy_Tribunal_Order.pdf.

39A Onedin Place, Titirangi, Auckland 0604 Tenancy Tribunal Case 5007385 — 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 17 September 2024 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they made multiple attempts to contact the tenant about rent arrears, without response. The landlord said they scheduled a routine inspection for 13 September 2024. When the landlord arrived, they said they found the front door wide open, no furniture in the property, rotten food in the fridge, bagged up rubbish in the lounge, windows wide open, rubbish throughout the property and overgrown grass outside the property. The landlord provided their inspection report of 13 September 2024, along with photographs confirming the situation described above. The landlord said they emailed the tenant after the routine inspection on 13 September 2024 about the issues and scheduled another inspection for 17 September 2024. They did not receive a response from the tenant to this. The landlord provided their inspection report of 17 September 2024 with photographs of the property’s condition on that date. The photographs show the same condition as the inspection report of 13 September 2024, with rubbish scattered throughout the property, no furniture in the property, other than a mattress on the floor and an old chair, a badly damaged ceiling in one of the bedrooms, and overgrown grass outside the property. I am persuaded by this evidence that the tenancy has been abandoned.

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

The tenant has not contested 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 landlord provided rent records which show there were rent arrears at the date of filing the application.

The tenant has not contested 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 5007385 — Rent arrears at 39A Onedin Place, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 5007385 — Rent arrears at 39A Onedin Place, Titirangi, Auckland 0604

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