Tenancy Dispute Refused Expedited Termination, Full Hearing Ordered
📌 In brief
The Tenancy Tribunal refused to terminate a tenancy through an expedited process because the landlord's information was deemed insufficient. The case will now proceed to a full hearing.
⚖️ Legal holding
A tenant is entitled to a full hearing if the information provided by the landlord is insufficient to determine the case without one.
📖 Technical summary
The Tribunal declined to terminate the tenancy through the expedited process and referred the matter for a full hearing.
📜 Headnote Official document
The Tribunal declined to terminate the tenancy through the expedited process under section 91AA of the Residential Tenancies Act 1. The landlord applied for termination alleging abandonment, but the Tribunal found the information insufficient to determine the case without a full hearing.
📚 Full judgment Official document
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[2025] NZTT 5145988
TENANCY TRIBUNAL
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. 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.
5. This is a fixed term tenancy which commenced on 16 April 2024 and was due to run until 15 April 2025. The landlord says the tenant abandoned the tenancy on 29 November 2024 as she sent an email saying she is leaving the property. The landlord says they communicated with the tenant, and she promised to pay arrears and damages.
6. From the correspondence filed, there appears to be a live issue as to whether the parties agreed to end this fixed term tenancy early. The landlord also appears to be claiming for a number of invoices.
7. I find that the expedited process is not appropriate as it seems the landlord has already taken possession and the premises have been rented to another tenant.
8. I decline to grant the application and this matter will now be scheduled for a full hearing as soon as possible. The landlord should liaise with Tenancy Services and clarify their claims.
[NAME]
03 February 2025
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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 for the payment of less than $1000 • a final order to undertake work worth 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 tenancy.govt.nz/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 tenancy.govt.nz/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.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/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: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The information provided by the landlord was not enough for the Tribunal to properly decide the case without a full hearing.
- There was an ongoing disagreement about whether the landlord and tenant had agreed to end the fixed-term tenancy early.
- The landlord seemed to be making claims for several invoices, which required further clarification.
- The expedited process was not suitable because the landlord had already taken possession of the property and rented it to someone else.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided to refer the case for a full hearing instead of granting the expedited termination request.
What was the dispute about?
The dispute was about whether the tenancy could be terminated through an expedited process due to alleged abandonment.
How did the court decide, and why?
The court decided to refer the case for a full hearing because the information provided by the landlord was insufficient to make a determination.
Which laws or rules were applied?
Section 91AA of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was whether the landlord had provided sufficient information to justify an expedited termination.
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 comprehensive information to support their case for expedited termination.
What evidence or documents mattered?
The evidence and documents related to the communication between the landlord and tenant, and the landlord's claims for arrears and damages mattered.