What was Tenancy Tribunal case 5478309 about?

The tribunal order states: The hearing is adjourned.

How much money was awarded in case 5478309?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5478309?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5478309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13944072-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5478309 about?

The tribunal order states: The hearing is adjourned.

How much money was awarded in case 5478309?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5478309?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5478309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13944072-Tenancy_Tribunal_Order.pdf.

61 Barnes Street, Pegasus, Pegasus 7612 Tenancy Tribunal Case 5478309 — Cleanliness

Order

The hearing is adjourned.
A further 2 hours should be allocated for the next hearing date and set down at this Court before me.
The landlord is to serve the tenant with the application, supporting evidence and the new hearing date and time at the tenant’s email address of service and at her Gmail address.
If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.
If any party intends to produce further documents at the next hearing (including any bundle of documents or other relevant evidence), they must, no later than 10 working days before the next hearing: a. Upload the documents to the electronic file; or b. Email the documents to remote.tenancy@justice.govt.nz, copying the other party; and/or; c. File and serve the documents in person with the Tribunal
If the parties fail to comply with the filing order in paragraph 5 above, no further documents or evidence will be accepted or admitted for the hearing.

Reasons

The hearing was conducted by video conference.
Ms Morgan attended the hearing by teleconference for the landlord.
Ms Kamo, the tenant, did not attend the hearing. I attempted to contact her twice using the cell phone number ending in 7203. Neither call connected.
The landlord’s application concerns a tenancy that ended on 4 May 2025. The application was filed more than two months after the tenancy ended. Because the tenant did not appear, I considered it necessary to satisfy myself that the tenant had been properly served with the application and the supporting documents before the matter could proceed in her absence. Reasons for adjournment
I raised with Ms Morgan my concern about service. Section 91A of the Residential Tenancies Act 1986 (“the Act”) governs service in circumstances where a landlord files an application more than two months after the termination of the tenancy.
The evidence before me indicated that there were at least two email addresses associated with Ms Kamo. One email address appeared in the tenancy agreement as the email address of service. Ms Morgan advised that, in early October 2025, later communications from Ms Kamo used a different Gmail address. I accepted that Ms Morgan had received communications from that Gmail address. However, on the evidence before me, I was not satisfied that it had been clearly established that the later address had replaced the email address of service recorded in the tenancy agreement.
In those circumstances, I was not satisfied that service had been completed in a way that would make it fair to proceed in Ms Kamo’s absence. In my view, a decision made without proper service would create a real risk of unfairness to the tenant.
I also noted that the landlord’s application included claims for costs, such as carpet cleaning, end-of-tenancy work, and the replacement of a garage remote. While some invoices appeared to be on file, I was not satisfied that the file contained all supporting evidence for the claims, including photographs or other evidence showing the condition or loss said to justify the amounts claimed.
I advised Ms Morgan that the hearing would be adjourned. The adjournment is to allow her to serve Ms Kamo with the application and all supporting documents, including the evidence relied on for the amounts claimed. I indicated that, to avoid any further uncertainty about service, the documents should be sent to both email addresses: the email address of service recorded in the tenancy agreement and the Gmail address Ms Kamo used in her last communications with the landlord, about 03 October 2025.
I also directed that Mr Morgan file with the Tribunal registry a copy of the material served on Ms Kamo, along with evidence of completed service.
For the reasons above, the hearing cannot proceed until effective service has taken place.
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 of the Act.
The parties will be advised in writing of the next available hearing date.

Order

The hearing is adjourned.
A further 2 hours should be allocated for the next hearing date and set down at this Court before me.
The landlord is to serve the tenant with the application, supporting evidence and the new hearing date and time at the tenant’s email address of service and at her Gmail address.
If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.
If any party intends to produce further documents at the next hearing (including any bundle of documents or other relevant evidence), they must, no later than 10 working days before the next hearing: a. Upload the documents to the electronic file; or b. Email the documents to remote.tenancy@justice.govt.nz, copying the other party; and/or; c. File and serve the documents in person with the Tribunal
If the parties fail to comply with the filing order in paragraph 5 above, no further documents or evidence will be accepted or admitted for the hearing.

Reasons

The hearing was conducted by video conference.
Ms Morgan attended the hearing by teleconference for the landlord.
Ms Kamo, the tenant, did not attend the hearing. I attempted to contact her twice using the cell phone number ending in 7203. Neither call connected.
The landlord’s application concerns a tenancy that ended on 4 May 2025. The application was filed more than two months after the tenancy ended. Because the tenant did not appear, I considered it necessary to satisfy myself that the tenant had been properly served with the application and the supporting documents before the matter could proceed in her absence. Reasons for adjournment
I raised with Ms Morgan my concern about service. Section 91A of the Residential Tenancies Act 1986 (“the Act”) governs service in circumstances where a landlord files an application more than two months after the termination of the tenancy.
The evidence before me indicated that there were at least two email addresses associated with Ms Kamo. One email address appeared in the tenancy agreement as the email address of service. Ms Morgan advised that, in early October 2025, later communications from Ms Kamo used a different Gmail address. I accepted that Ms Morgan had received communications from that Gmail address. However, on the evidence before me, I was not satisfied that it had been clearly established that the later address had replaced the email address of service recorded in the tenancy agreement.
In those circumstances, I was not satisfied that service had been completed in a way that would make it fair to proceed in Ms Kamo’s absence. In my view, a decision made without proper service would create a real risk of unfairness to the tenant.
I also noted that the landlord’s application included claims for costs, such as carpet cleaning, end-of-tenancy work, and the replacement of a garage remote. While some invoices appeared to be on file, I was not satisfied that the file contained all supporting evidence for the claims, including photographs or other evidence showing the condition or loss said to justify the amounts claimed.
I advised Ms Morgan that the hearing would be adjourned. The adjournment is to allow her to serve Ms Kamo with the application and all supporting documents, including the evidence relied on for the amounts claimed. I indicated that, to avoid any further uncertainty about service, the documents should be sent to both email addresses: the email address of service recorded in the tenancy agreement and the Gmail address Ms Kamo used in her last communications with the landlord, about 03 October 2025.
I also directed that Mr Morgan file with the Tribunal registry a copy of the material served on Ms Kamo, along with evidence of completed service.
For the reasons above, the hearing cannot proceed until effective service has taken place.
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 of the Act.
The parties will be advised in writing of the next available hearing date.

Tenancy Tribunal case 5478309 — Cleanliness at 61 Barnes Street, Pegasus, Pegasus 7612

At a glance

Claims & awards

Tenancy Tribunal case 5478309 — Cleanliness at 61 Barnes Street, Pegasus, Pegasus 7612

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions