Tribunal Rejects Landlord’s Expedited Abandonment Application Due to Insufficient Evidence
📌 In brief
The Tenancy Tribunal denied the landlord's request to end the tenancy quickly because the landlord did not provide enough proof that the tenant abandoned the property. This means a full hearing will be held to decide the case.
⚖️ Legal holding
A landlord must provide sufficient evidence to substantiate claims for expedited abandonment under the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal declined to grant the expedited abandonment process due to insufficient evidence.
📜 Headnote Official document
The Tenancy Tribunal rejected the landlord's application for expedited abandonment due to insufficient evidence provided, requiring a full hearing to be scheduled.
📚 Full judgment Official document
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[2025] NZTT 5192233
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).
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
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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 27 January 2025. On 6 December 2024, the tenant advised that her funds had been frozen by the court. On 27 January 2025, the tenant sent an email to the landlord advising that she was at the airport and her children would be at the premises from time to time. The tenant said that she was willing to pay the expected fee if she could be released from the tenancy. On 12 February 2025, the landlord says they spoke with the tenant and she advised she was in Europe and did not have funds to return.
6. I acknowledge that rent appears to be in significant arrears as it has not been paid since 31 December 2024. 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, and photographs. There is also a live issue as to whether the tenant has already given notice to end the tenancy.
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] 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. 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 tenant communicated her intention to continue paying rent and that her children would use the premises occasionally.
- The landlord did not provide sufficient documentary evidence such as a notice of inspection, inspection report, or photographs to substantiate the abandonment claim.
❌ Tends to be rejected
- The landlord claimed the premises were abandoned based solely on the tenant's financial difficulties and lack of rent payments.
- The landlord did not address the possibility that the tenant had given notice to end the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided not to grant the landlord's application for expedited abandonment of the tenancy.
What was the dispute about?
The dispute was about whether the landlord could use an expedited process to end the tenancy due to alleged abandonment by the tenant.
How did the court decide, and why?
The court decided against granting the expedited abandonment because the landlord did not provide sufficient evidence to prove the abandonment.
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 substantiate the claim of abandonment.
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 sufficient evidence is crucial for an expedited abandonment application to be successful.
What evidence or documents mattered?
The evidence that mattered included emails and communications between the landlord and tenant, as well as the lack of additional documentary evidence such as inspection reports and photographs.