expedited process
📖 What is expedited process? Meaning and definition
The expedited process is a streamlined approach used by the Tenancy Tribunal in New Zealand, specifically allowed under section 91AA of the Residential Tenancies Act 1986. It is primarily used for applications where a landlord seeks to terminate a tenancy because the property has been abandoned by the tenant and rent is in arrears. This process is designed to allow the Tribunal to make a decision more quickly than a standard application, often without the need for a formal hearing.
For an application to proceed through the expedited process, two key conditions must be met. Firstly, the tenant must not wish to contest the abandonment application. This suggests that the tenant either agrees with the landlord's claim of abandonment or has not responded to indicate otherwise. Secondly, the landlord must provide enough information with their application for the Tribunal to properly decide the case based on that information alone, or with only minor clarifications.
If these conditions are satisfied, the Tribunal can issue an order, such as terminating the tenancy and granting possession to the landlord, without requiring the parties to attend a hearing. This can significantly reduce the time and effort involved for both the landlord and the Tribunal in resolving abandonment cases, especially when the facts are clear and undisputed.
📋 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 that information alone or with only minor clarifications).
📝 Procedure
- The landlord applies for termination of the tenancy for abandonment through the expedited process under section 91AA Residential Tenancies Act 1986.
- The Tribunal assesses if the two requirements for the expedited process are met.
- If satisfied, the Tribunal may terminate the tenancy and grant possession to the landlord immediately, often without a hearing.
💡 Examples
- A landlord applies to the Tenancy Tribunal to terminate a tenancy for abandonment, providing clear evidence that the tenant has left the property and stopped paying rent, and the tenant has not responded to indicate they wish to dispute…
- The Tenancy Tribunal receives an application where the landlord has supplied comprehensive details and photographs showing the property is empty, and the tenant has confirmed they do not intend to return or contest the application.
- An application for tenancy termination due to abandonment and rent arrears is processed quickly because the tenant has explicitly stated they do not wish to challenge the landlord's claims, and all necessary information is included in the…
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of cases can use the expedited process?
Based on the cases, the expedited process is used for applications to terminate a tenancy due to abandonment, especially when rent is in arrears.
Do I need to attend a hearing if my case goes through the expedited process?
One of the key features of the expedited process is that the Tribunal can determine the application properly without a hearing, provided sufficient information is supplied and the tenant does not contest it.
What if the tenant wants to contest the abandonment application?
If the tenant wants to contest the abandonment application, the case cannot proceed through the expedited process, as this is one of the two essential requirements for it to be used.
As a landlord, what information do I need to provide for an expedited application?
You need to provide sufficient information with your application to enable the Tribunal to determine it properly without a hearing, potentially with only minor clarifications. This would typically include evidence of abandonment and rent arrears.
How does the expedited process benefit landlords?
The expedited process allows landlords to terminate tenancies for abandonment and regain possession of their property more quickly, as it can bypass the need for a full hearing when specific conditions are met.