What was the outcome of Tenancy Tribunal case 5028328?

The tribunal order states: The tenancy of Andrew JONH at 792 Highway 22, Pukekawa, RD 1, Pukekawa

How much money was awarded in case 5028328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5028328?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5028328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004079-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5028328?

The tribunal order states: The tenancy of Andrew JONH at 792 Highway 22, Pukekawa, RD 1, Pukekawa

How much money was awarded in case 5028328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5028328?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5028328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11004079-Tenancy_Tribunal_Order.pdf.

792 Highway 22, Pukekawa, RD 1, Pukekawa 2696 Tenancy Tribunal Case 5028328 — 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 5 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said they sent the tenant a reminder email about overdue rent on 30 September 2024 with no response, then tried to call the tenant on 3 October 2024, with no response. The landlord said they then visited the property on 5 October 2024 and saw the doors were unlocked, there was rubbish everywhere, the fridge was open and there was rotten food. The landlord also said they contact the power company, who confirmed the power to the property had been disconnected since 27 September 2024. The landlord provided copies of emails to the tenant and some photographs of the condition of the property on the landlord’s visit to the property. The photographs show a mostly empty and open fridge, a lot of items on the kitchen bench, a living room empty of most large furniture, except for one cabinet, with rubbish scattered throughout. 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 claim.

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 claim.

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 5028328 — Rent arrears at 792 Highway 22, Pukekawa, RD 1, Pukekawa 2696

At a glance

Tenancy Tribunal case 5028328 — Rent arrears at 792 Highway 22, Pukekawa, RD 1, Pukekawa 2696

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