expedited abandonment process
📖 What is expedited abandonment process? Meaning and definition
This process allows a landlord to apply to the Tenancy Tribunal for a tenancy to be terminated due to abandonment. It is considered 'expedited' because it aims to resolve the matter more quickly than a standard hearing. The application is typically decided 'on the papers', meaning the Tribunal reviews the submitted documents without the need for the parties to attend a physical hearing.
For the expedited process to be considered, two main conditions must be met: the tenant must not wish to dispute the abandonment claim, and the landlord must provide enough information for the Tribunal to make a decision based solely on the documents, or with only minor clarifications.
If these requirements are not met, the application for expedited abandonment will not be granted. Instead, the case will be referred to Tenancy Services to be scheduled for a full hearing, where both parties would typically have the opportunity to present their case.
This process is outlined under section 91AA of the Residential Tenancies Act 1986 and is designed to provide a more efficient resolution for clear-cut cases of abandonment, where the tenant does not intend to contest the landlord's application.
📋 Requirements
- The tenant does not want to contest the abandonment application.
- The information provided by the landlord with the application is sufficient for the Tribunal to determine it properly without a hearing (either on the basis of the information alone or with only minor clarifications).
📝 Procedure
- The landlord applies for termination of the tenancy for abandonment through the expedited process.
- The application is decided on the papers by the Tenancy Tribunal.
- If the requirements for the expedited process are not met, the application is not granted.
- If not granted, the application is referred to Tenancy Services for a full hearing to be scheduled.
💡 Examples
- A landlord applies for an expedited abandonment, providing photos of an empty property and evidence of no rent payments, and the tenant confirms they have moved out and do not wish to contest.
- The Tenancy Tribunal denies a landlord's expedited application because the tenant indicated they did want to contest the abandonment, requiring a full hearing.
- A landlord's application for expedited abandonment is rejected because the information provided was not sufficient for the Tribunal to make a decision without further clarification or a hearing.
- The Tribunal refers an expedited abandonment application to a full hearing after determining that the landlord's evidence was incomplete, even though the tenant hadn't responded.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'expedited' mean in this context?
In this context, 'expedited' means a faster or quicker process. It allows the Tenancy Tribunal to decide on an abandonment application based on documents alone, without a full hearing, if certain conditions are met.
Can a landlord always use the expedited abandonment process?
No, a landlord cannot always use this process. It is only available if the tenant does not want to contest the abandonment application and the landlord provides enough information for the Tribunal to make a decision without a full hearing.
What happens if the Tenancy Tribunal denies an expedited abandonment application?
If the Tenancy Tribunal denies an expedited abandonment application, it means the case will not be resolved quickly. The application is then referred to Tenancy Services for a full hearing to be scheduled, where both parties can present their arguments.
What information does a landlord need to provide for an expedited application?
A landlord needs to provide sufficient information to enable the Tribunal to determine the application properly without a hearing. This might include evidence of the property being empty, lack of communication from the tenant, and unpaid rent, as long as the tenant does not contest the abandonment.
Where can I find the legal basis for the expedited abandonment process?
The legal basis for the expedited abandonment process is found under section 91AA of the Residential Tenancies Act 1986.
As a tenant, what should I do if my landlord applies for an expedited abandonment?
If your landlord applies for an expedited abandonment, you should consider whether you want to contest the application. If you do not want to contest it, the process may proceed quickly. If you wish to contest it, you should inform the Tenancy Tribunal, which would likely lead to a full hearing being scheduled.