What was the outcome of Tenancy Tribunal case 4945881?

The tribunal order states: The application is closed unless:

How much money was awarded in case 4945881?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4945881?

The dispute type was not classified.

Where can I read the official tribunal order for case 4945881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040144-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945881?

The tribunal order states: The application is closed unless:

How much money was awarded in case 4945881?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4945881?

The dispute type was not classified.

Where can I read the official tribunal order for case 4945881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040144-Tenancy_Tribunal_Order.pdf.

9 Mersey Street, Island Bay, Wellington 6023 Tenancy Tribunal Case 4945881 — Tenancy dispute

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Order

The application is closed unless: a. the landlord is able to locate and serve the respondent pursuant to the Residential Tenancies Act, 1986 (the “RTA”) section 91A, and provide proof of service to Tenancy Services, or b. the landlord applies to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with, see RTA section 91B.

If the landlord successfully serves the respondent or wishes to make an application pursuant to the RTA section 91B within 28 days of the date of this Order, the application may be brought back before the Tenancy Tribunal.

The application is returned to Tenancy Services for further service.

Reasons

The landlord attended the hearing which was held by teleconference. The respondent did not answer the three calls made at the scheduled time to the number provided to Tenancy Services.

This tenancy ended on 7 April 2023. This application was filed with Tenancy Services on 24 July 2024, more than one year and three months after the end of the tenancy.

Because the application was filed more than two months after the end of the tenancy, the usual service rules no longer apply; the application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2), RTA.

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

It is in the interests of justice that wherever possible, both (or all) parties attend Tribunal hearings. It is often the case that the longer that is left between the end of a tenancy and a hearing to resolve disputes, the less likely it is that all parties will engage with the resolution process.

The hearing cannot proceed until effective service has taken place.

The landlord explained that after the end of the tenancy it took considerable time to resolve outstanding tenancy issues, and this delayed her application to the Tribunal.

The landlord may be able to get information about a service address from other agencies, from next of kin, from known contacts of the respondent, or from social media platforms that the respondent engages with.

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.

Order

The application is returned to Tenancy Services for further service.

Reasons

The landlord attended the hearing which was held by teleconference. The respondent did not answer the three calls made at the scheduled time to the number provided to Tenancy Services.

This tenancy ended on 7 April 2023. This application was filed with Tenancy Services on 24 July 2024, more than one year and three months after the end of the tenancy.

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

The hearing cannot proceed until effective service has taken place.

The landlord explained that after the end of the tenancy it took considerable time to resolve outstanding tenancy issues, and this delayed her application to the Tribunal.

Tenancy Tribunal case 4945881 — Tenancy dispute at 9 Mersey Street, Island Bay, Wellington 6023

At a glance

Claims & awards

Tenancy Tribunal case 4945881 — Tenancy dispute at 9 Mersey Street, Island Bay, Wellington 6023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions