Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

91AA: Process for determining abandonment applications within 10 working days without hearing

You could also call this:

“How the court quickly decides if a tenant has left their home without telling anyone”

If you’re a landlord and you think your tenant has abandoned the property, you can apply to the Tribunal for help. You need to tell the Tribunal that you want them to deal with your application quickly, within 10 working days.

The Tribunal will try to contact your tenant using the information you give them. They want to let the tenant know about your application and find out if the tenant wants to argue against it.

The Tribunal will then decide two things: if the tenant doesn’t want to argue against your application, and if the information you’ve given is enough for them to make a decision without a hearing. They might ask you for small clarifications if they need to.

If the tenant doesn’t respond to the Tribunal in time, the Tribunal might decide that the tenant doesn’t want to argue against your application.

If the Tribunal is happy with both of these things, they’ll make a decision based on the information you’ve given them. If they’re not happy with both things, they’ll deal with your application in the normal way, which might take longer.

Remember, all of this has to happen within 10 working days from when you filed your application properly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6895226.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
Previous

91: Notice of hearing by Tribunal, or

“The Tribunal tells everyone involved when and where they will talk about the problem”

Next

91A: Service on tenants following application, or

“How the landlord tells the tenant about a case after they've moved out”

Part 3 The Tenancy Tribunal
Procedure

91AAProcess for determining abandonment applications within 10 working days without hearing

  1. This section applies if a landlord who files an application under section 61(1) (the abandonment application) in accordance with section 86 states in the abandonment application that the landlord wants the abandonment application to be dealt with under this section.

  2. The Tribunal must complete the 2 stages set out in subsections (3) to (6) within 10 working days after the date on which the abandonment application was filed in accordance with section 86.

  3. The Tribunal must, using the contact details provided by the landlord as referred to in section 86(2A)(b), take reasonable steps to attempt—

  4. to bring the abandonment application to the attention of the tenant; and
    1. to ascertain whether the tenant wants to contest the abandonment application.

      1. The Tribunal must—

      2. decide whether it is satisfied of both of the matters in subsection (5); and
        1. if it decides that it is satisfied of both of those matters, determine the abandonment application in the way referred to in subsection (5)(b).

          1. The matters referred to in subsection (4)(a) are as follows:

          2. that the tenant does not want to contest the abandonment application:
            1. that the information provided by the landlord with the abandonment application is sufficient on its own, or with only minor clarifications from the landlord, to enable the Tribunal to determine the abandonment application properly without a hearing and on the basis only of that information, or of that information with those minor clarifications.

              1. For the purposes of subsection (5)(a), the Tribunal may treat the tenant as not wanting to contest the abandonment application if the tenant does not, within a period determined by the Tribunal, respond to the steps taken by the Tribunal under subsection (3) or respond to those steps in a way required by the Tribunal.

              2. If the Tribunal decides that it is not satisfied of both of the matters in subsection (5), the Tribunal must proceed with the abandonment application in accordance with section 91.

              Notes
              • Section 91AA: inserted, on , by section 30 of the Residential Tenancies Amendment Act 2016 (2016 No 26).