Tribunal Rejects Expedited Abandonment Process Application
📌 In brief
The Tenancy Tribunal rejected the landlord's request to terminate the tenancy through the expedited abandonment process because the landlord did not provide enough evidence and the tenant had not agreed to contest the application.
⚖️ Legal holding
A tenant is entitled to a full hearing if the expedited abandonment process requirements are not met.
📖 Technical summary
The Tribunal declined to terminate the tenancy through the expedited abandonment process.
📜 Headnote Official document
The Tribunal denied the landlord's application for termination of the tenancy through the expedited abandonment process, citing insufficient evidence and the absence of an agreement from the tenant to contest the application.
📚 Full judgment Official document
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[2025] NZTT 5265433
TENANCY TRIBUNAL AT REMOTE LOCATION
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[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.
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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 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 states that the tenant has stopped paying rent and appears to have vacated before the agreed termination date.
5. If there is an agreed termination date and the tenant leaves early, it cannot be said that they have abandoned the premises. The landlord is seeking to terminate a tenancy that may have ended already by agreement.
6. I find that the expedited process is not therefore 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.
[NAME]
22 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.
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 tenant left before the agreed termination date, which means the tenancy may have ended by agreement.
- There was no clear indication that the tenant abandoned the premises without reasonable excuse.
- The landlord did not provide sufficient information to determine the case properly without a hearing.
❌ Tends to be rejected
- The landlord claimed the tenant stopped paying rent and appeared to have vacated the premises.
- The landlord attempted to use the expedited abandonment process despite the lack of clear abandonment.
- The landlord did not prove that the tenant wanted to contest the abandonment application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided not to grant the landlord's application for termination of the tenancy through the expedited abandonment process.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy through the expedited abandonment process due to the tenant leaving the premises early.
How did the court decide, and why?
The court decided to refer the application to Tenancy Services for a full hearing because the requirements for the expedited process were not met.
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 sufficient evidence and the tenant had not agreed to contest the application.
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, the case suggests that a full hearing will be required if the expedited abandonment process requirements are not fully met.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.