Tenancy Tribunal Rejects Expedited Abandonment Process Due to Insufficient Evidence
📌 In brief
The Tenancy Tribunal denied the landlord's request to terminate the tenancy under the expedited abandonment process because the landlord did not provide enough evidence to prove that the tenant had abandoned the property.
⚖️ Legal holding
A landlord cannot terminate a tenancy under the expedited abandonment process if the evidence provided is insufficient.
📖 Technical summary
The application for termination under the expedited abandonment process was denied due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal denied the landlord's application for termination under the expedited abandonment process due to insufficient evidence provided by the landlord.
📚 Full judgment Official document
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[2024] NZTT 5065968
TENANCY TRIBUNAL -
APPLICANT: [redacted] Qiu
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).
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
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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. The landlord submits that he has had no contact with the tenants for a long time and went to the property and found no one there.
6. Photographs of the outside of the premises were provided showing rubbish and a broken window. The photographs of the inside of the premises were unclear as they were taken through a window. I find that not enough evidence was provided establishing that the tenants had abandoned the premises.
7. The application for termination under the expedited abandonment process is not granted and the application is referred to Tenancy Services for a full hearing to be scheduled.
[NAME]
19 November 2024
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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 requirement for the expedited process that the information provided must be sufficient was not met.
❌ Tends to be rejected
- The landlord claimed they had no contact with the tenants for a long time and found no one at the property.
- The landlord provided photographs showing rubbish and a broken window outside the premises.
- The landlord provided unclear photographs of the inside of the premises taken through a window.
- The landlord believed the provided evidence was enough to establish that the tenants had abandoned the premises.
Patterns observed in similar cases in this collection — every case is unique.
❓ 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 under the expedited abandonment process due to alleged abandonment by the tenant.
How did the court decide, and why?
The court decided against the landlord because the evidence provided was insufficient to prove that the tenant had abandoned the property.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 91AA, was applied.
What was the argument that mattered most?
The most important argument was that the landlord failed to provide sufficient evidence to support the claim of abandonment.
Was the decision for or against the person who brought the case?
The decision was against the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have strong evidence to support their claims before applying for termination under the expedited abandonment process.
What evidence or documents mattered?
Photographs of the outside and inside of the premises were provided, but they were not considered sufficient evidence by the Tribunal.