Tribunal Denies Expedited Abandonment Process Due to Insufficient Evidence
📌 In brief
The Tenancy Tribunal denied the landlord's request to terminate the tenancy through an expedited process because the landlord did not provide enough evidence to prove the premises were abandoned. The Tribunal emphasised the need for clear documentation to support such claims.
⚖️ Legal holding
A landlord must provide robust documentary evidence to substantiate claims under the expedited abandonment process.
📖 Technical summary
The Tribunal declined to grant the expedited abandonment process 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. The Tribunal required robust documentary evidence to substantiate the claim, which was not met in this case.
📚 Full judgment Official document
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[2025] NZTT 5268881
TENANCY TRIBUNAL AT REMOTE LOCATION
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [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. The landlord says the premises were abandoned on 12 May, but no explanation has been given as to the relevance of this date. The landlord says they have been to the property multiple times and knocked on the door, and they left a letter which they say is in the same position. The landlord says they have been unable to contact the tenants.
6. I acknowledge that rent is in arrears in accordance with the rent summary. However, the Tribunal would have expected to see additional documentary evidence to substantiate the allegations made. The power to terminate a tenancy and return possession of the rental premises to the landlord without the tenant being heard, as provided by section 91AA RTA, is a power that restricts a respondent's right and opportunity to know the case against them. Therefore, where a landlord seeks to take advantage of a process to end a tenancy without a hearing, robust documentary evidence must be provided to substantiate the claim.
7. In this case, I would have expected to see a notice of inspection under section 48(2B) RTA, inspection report, photographs, and all relevant correspondence.
8. 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.
9. I decline to grant the application and this matter will be scheduled for a full hearing as soon as possible.
[NAME]
23 May 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. 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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's application was referred for a full hearing because the information provided was not sufficient for an expedited process.
- The landlord did not provide an explanation for the relevance of the stated abandonment date.
- The landlord failed to provide robust documentary evidence to support the abandonment claim.
- The landlord did not provide specific evidence like an inspection notice, report, photographs, or relevant correspondence.
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 through an expedited process due to alleged abandonment.
How did the court decide, and why?
The court decided against granting the expedited abandonment process because the landlord did not provide sufficient evidence to substantiate the claim.
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 the requirement for robust documentary evidence to substantiate claims under the expedited abandonment process.
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?
For someone in a similar situation, it means that providing clear and substantial evidence is crucial when applying for termination under the expedited abandonment process.
What evidence or documents mattered?
The judgment mentions the need for a notice of inspection, inspection report, photographs, and all relevant correspondence, but notes that these were not provided in this case.