What was the outcome of Tenancy Tribunal case 5264380?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 5264380?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5264380?

The dispute type was not classified.

Where can I read the official tribunal order for case 5264380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880241-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5264380?

The tribunal order states: The application for termination under the expedited abandonment process is not

How much money was awarded in case 5264380?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5264380?

The dispute type was not classified.

Where can I read the official tribunal order for case 5264380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880241-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 4 Kenmore Street, Westown, New Plymouth Tenancy Tribunal Case 5264380 — Tenancy dispute

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Reasons

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?

The two requirements for the expedited process are: 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 the information alone or with only minor clarifications).

If the requirements for the expedited process are met, the Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear 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.

I am not satisfied that both conditions for the expedited process are met. The information provided by the landlord with this application is not sufficient to enable the Tribunal to determine it properly without a hearing.

The landlord states that the tenant was meant to have vacated on 2 May, but the owner agreed to an extension until 7 May.

This indicates to me that the parties have either agreed to end the tenancy, or either party has given notice.

There is no evidence that the tenant has abandoned the premises.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.

I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

Reasons

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?

The landlord states that the tenant was meant to have vacated on 2 May, but the owner agreed to an extension until 7 May.

This indicates to me that the parties have either agreed to end the tenancy, or either party has given notice.

There is no evidence that the tenant has abandoned the premises.

In the absence of any evidence other than a superficial description, I find that the landlord has not satisfied the statutory requirements or discharged the burden of proof.

I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.

Tenancy Tribunal case 5264380 — Tenancy dispute at Unit/Flat 3, 4 Kenmore Street, Westown, New Plymouth

At a glance

Claims & awards

Tenancy Tribunal case 5264380 — Tenancy dispute at Unit/Flat 3, 4 Kenmore Street, Westown, New Plymouth

At a glance

Claims & awards

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Are there grounds for an expedited application?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions