What was Tenancy Tribunal case 4989130 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4989130?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10911708-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4989130 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4989130?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4989130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4989130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10911708-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4989130 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord attended the hearing by phone call.

The tenant was telephoned on the phone number provided but the phone call went unanswered.

The tenancy commenced on 8 May 2023 and ended on 6 September 2023.

The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.

Section 91A (2) of the Residential Tenancies Act 1986 states if the landlord files an application more than 2 months after the termination of the tenancy, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b)by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c)by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d)by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.

The application has not been served in accordance with these requirements.

A hearing cannot proceed until effective service has taken place.

Section 91 B of the RTA states that if a notice or other document that is required to be served on a party is not served in accordance with this Act; and the Tribunal is satisfied that all reasonable efforts have been made to serve the notice or other document on the party in accordance with this Act, the Tribunal may make directions in relation to substituted or dispensing with service. I am not satisfied that all reasonable efforts were made to serve the tenant in accordance with section 91 A (2).

The landlord agreed that that appropriate way forward is that the claim is withdrawn to allow them to ascertain an appropriate service address.

Accordingly, I dismiss the application, without prejudice to the landlord’s claim. The landlord may file a further application if they find a service address.

If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.

In the circumstances I make an order suppressing the parties’ names and identifying details.