Tribunal Denies Expedited Abandonment Process for Tenant
📌 In brief
The Tenancy Tribunal denied the landlord's request to terminate the tenancy through the expedited abandonment process because the information provided was not enough to make a proper decision without a full hearing.
⚖️ Legal holding
A tenant cannot be terminated through the expedited abandonment process if the information provided is insufficient for a proper determination without a hearing.
📖 Technical summary
The Tribunal denied the expedited abandonment process application and referred it for a full hearing.
📜 Headnote Official document
The Tenancy Tribunal denied the landlord's application for termination under the expedited abandonment process due to insufficient information provided, referring the case for a full hearing.
📚 Full judgment Official document
__________________________________________________________________________________ 5168136 1
[2025] NZTT 5168136
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).
__________________________________________________________________________________ 5168136 2
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 established rent arrears and provided photographs of a partially furnished property.
5. 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. This is a fixed term tenancy and the landlord states that the tenant contacted them giving notice to end the tenancy on 12 February 2025 because they were remaining overseas.
6. The tenants may not end a fixed term tenancy by giving notice, but it does not mean that the tenancy was abandoned.
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.
T Harris
24 February 2025
__________________________________________________________________________________ 5168136 3
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/
__________________________________________________________________________________ 5168136 4
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 landlord provided photographs of a partially furnished property.
- The tenant contacted the landlord to give notice to end the tenancy.
❌ Tends to be rejected
- The landlord claimed rent arrears but did not provide sufficient information for a proper determination without a hearing.
- The tenancy was a fixed-term tenancy, and the tenant was not allowed to end it by giving notice.
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 request to terminate the tenancy through the expedited abandonment process.
What was the dispute about?
The dispute was about whether the landlord could use the expedited abandonment process to terminate the tenancy due to alleged abandonment and rent arrears.
How did the court decide, and why?
The court decided to deny the expedited abandonment process because the information provided was not sufficient to make a proper decision without a full hearing.
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 whether the information provided by the landlord was sufficient to enable the Tribunal to determine the case properly without a hearing.
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 that all necessary information is provided to the Tribunal to avoid having their expedited abandonment process application denied.
What evidence or documents mattered?
Photographs of a partially furnished property and statements regarding rent arrears and the tenant's notice to end the tenancy were considered.