Tribunal Rejects Landlord’s Expedited Abandonment Application
📌 In brief
The Tenancy Tribunal rejected the landlord's request to terminate the tenancy through an expedited process because the landlord did not provide enough evidence and the tenant intended to return. The case will now proceed to a full hearing.
⚖️ Legal holding
A landlord cannot obtain an expedited abandonment order if the tenant intends to return or if the information provided is insufficient.
📖 Technical summary
The Tribunal denied the landlord's expedited application for abandonment and referred the matter for a full hearing.
📜 Headnote Official document
The Tenancy Tribunal denied the landlord's application for expedited abandonment due to insufficient evidence and the tenant's intention to return. The case was referred for a full hearing.
📚 Full judgment Official document
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[2025] NZTT 5189391
TENANCY TRIBUNAL AT
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. The landlord provided photographs from inside the premises of the ensuite dining room kitchen and lounge. There were no large furniture items such as couches, chairs, or tables. The kitchen contained some household appliances and utensils. There were no photographs of the bedrooms.
6. The landlord and tenant have been communicating via text up to the day before the application was filed. The last message provided by the landlord from the tenant was that she would be going to go to the house to clean up and move out.
7. The tenant appeared to be agreeing to end the tenancy and there was not enough evidence provided to establish that the premises has been abandoned and the tenant is not intending to return.
8. 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]
17 March 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 application for an expedited abandonment order was not granted.
- The application was referred for a full hearing to be scheduled.
- The information provided by the landlord was not enough for the Tribunal to properly decide the case without a full hearing.
- There was not enough evidence to show the premises were abandoned and the tenant did not intend to return.
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 expedited abandonment of the tenancy.
What was the dispute about?
The landlord wanted to terminate the tenancy quickly because they believed the tenant had abandoned the property.
How did the court decide, and why?
The court decided against granting the expedited abandonment because the landlord did not provide sufficient evidence and the tenant indicated they intended to return.
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 landlord had provided enough evidence to prove the tenant had abandoned the property.
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 have strong evidence to support their claim before applying for an expedited abandonment process.
What evidence or documents mattered?
Photographs of the property and text messages between the landlord and tenant were considered important evidence.