Expedited Abandonment Process Denied by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal denied the landlord's request to terminate the tenancy through the expedited abandonment process because the landlord did not provide enough information and the tenant disagreed.
⚖️ Legal holding
A landlord cannot use the expedited abandonment process if the tenant contests the application or if the information provided is insufficient.
📖 Technical summary
The expedited abandonment process was declined due to insufficient information and lack of agreement from the tenant.
📜 Headnote Official document
The Tenancy Tribunal denied the landlord's application for termination under the expedited abandonment process due to insufficient information and the tenant's disagreement.
📚 Full judgment Official document
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[2026] NZTT 5514236
TENANCY TRIBUNAL AT REMOTE LOCATION
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application for termination under the expedited abandonment process is not granted.
2. The application is referred to Tenancy Services for a full hearing to be scheduled.
Reasons:
1. 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?
2. 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).
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3. 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.
4. The landlord says the tenant sent a text message on the 24 May saying that he moved house, and he will meet the landlord on 25 May to give them the keys. The landlord went to the property on the 25 May at 4pm as per agreement but the tenant did not show up. The premises are empty (photographs provided).
5. It therefore appears that the tenancy has ended by notice, the tenant is no longer occupying the premises, and the landlord already has possession.
6. The expedited process for termination under the abandonment process is not appropriate in these circumstances.
7. I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.
8. If the landlord wishes to withdraw this application, they must notify Tenancy Services as soon as possible so that the hearing date may be vacated.
A Macpherson 01 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit [NAME_5]/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi [NAME_5]/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.[NAME_5]/disputes/enforcing-decisions https://www.[NAME_5]/disputes/enforcing-decisions http://www.[NAME_5]/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME_5]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal denied the landlord's application for termination under the expedited abandonment process.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy using the expedited abandonment process.
How did the court decide, and why?
The court decided to refer the application to Tenancy Services for a full hearing because the landlord did not provide sufficient information and the tenant contested the application.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 91AA, was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord did not provide enough information to prove the tenancy had been abandoned.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide sufficient information and obtain consent from the tenant if they wish to use the expedited abandonment process.
What evidence or documents mattered?
Photographs of the empty premises and the text message from the tenant were mentioned as relevant evidence.