What was the outcome of Tenancy Tribunal case 4839301?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4839301?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4839301?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792864-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839301?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4839301?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4839301?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10792864-Tenancy_Tribunal_Order.pdf.

28 Bassett Road, Johnsonville, Wellington 6037 Tenancy Tribunal Case 4839301 — Rent arrears

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Reasons

the landlord attended the hearing however Ms Russell did not, I continued with the hearing, and indicated that I would consider the landlord’s application.

Ms Russell vacated her tenancy on 23 November 2023. She left rent arrears of $2344.24 on the records supplied by the landlord, and there was also damage to the premises. However, this application was filed on 18 March 2024, more than two months after the termination of the tenancy.

S 91A(2) RTA requires that if a landlord files an application more than two months after a tenancy has terminated service must be affected personally, by post to a contact address supplied by the tenant in writing within two months of the application, delivering it to a place where the tenant now lives, or by service to a solicitor or other agents of the tenant authorised to receive service on their behalf. These requirements are mandatory unless the Tribunal has directed substituted service.

In this case as the application was filed nearly 5 months after the tenancy was terminated email service will not satisfy the service requirements of the RTA. An address which complies with S 91A(2) was not provided, and the landlord did not seek substituted service.

The invoices for work required to remediate premises are dated from November and December 2023. The evidence shows no reason why the application was made so late. The landlord’s representative was not able to provide a reason why the application was late.

Ms Russell has a right to appear in a right to be advised of an application made against her, and service must be properly carried out for this to occur. S 92A(b) RTA allows the tribunal to strike out proceeding if it is satisfied that it is likely to cause prejudice or delay. An application which cannot be served compliantly, as it has not been made in the timeframes set out in the act is likely to cause prejudice or delay. Therefore, I dismiss this application.

Reasons

the landlord attended the hearing however Ms Russell did not, I continued with the hearing, and indicated that I would consider the landlord’s application.

Tenancy Tribunal case 4839301 — Rent arrears at 28 Bassett Road, Johnsonville, Wellington 6037

At a glance

Tenancy Tribunal case 4839301 — Rent arrears at 28 Bassett Road, Johnsonville, Wellington 6037

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions