What was the outcome of Tenancy Tribunal case 5090894?

The tribunal order states: The tenancy of Minoneti Heimoana He at 14 Chingford Close, Mangere,

How much money was awarded in case 5090894?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5090894?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5090894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11172780-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5090894?

The tribunal order states: The tenancy of Minoneti Heimoana He at 14 Chingford Close, Mangere,

How much money was awarded in case 5090894?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5090894?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5090894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11172780-Tenancy_Tribunal_Order.pdf.

14 Chingford Close, Mangere, Auckland 2022 Tenancy Tribunal Case 5090894 — Rent arrears

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Reasons

This application was decided 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 25 October 2024, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The landlord said that rent payments ceased, they tried to contact the tenant, without any response. The landlord issued the tenant with a notice to return to the property (14-day notice) on 25 October 2024. At the expiry of this notice, on 14 November 2024, when the tenant had not returned to the property, the landlord visited the property. The landlord provided an Inspection Report dated 14 November 2024 about the condition of the property, with detailed photographs. The photographs showed rubbish and clothing strewn throughout the interior of the property, in most rooms, a cupboard full of rubbish, some furniture such as couches and beds, overgrown lawns, rubbish across the outside of the property and damage to parts of the property, including a door and wall. The landlord said the power had been disconnected, though water was running, and the property smelled of rotten food. The landlord said there was unopened mail by the front door and in the letterbox. On 29 October 2024, the landlord said MBIE confirmed that the tenant left New Zealand on 9 October 2024 on a one-way ticket and had not returned to New Zealand. The landlord said they spoke with nearby neighbours, who said they had not seen anyone at the property for some time. 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 decided 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 5090894 — Rent arrears at 14 Chingford Close, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 5090894 — Rent arrears at 14 Chingford Close, Mangere, Auckland 2022

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