What was the outcome of Tenancy Tribunal case 4977087?

The tribunal order states: The landlord’s application for rent arrears is dismissed.

How much money was awarded in case 4977087?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4977087?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11528241-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4977087?

The tribunal order states: The landlord’s application for rent arrears is dismissed.

How much money was awarded in case 4977087?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4977087?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4977087?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11528241-Tenancy_Tribunal_Order.pdf.

131A Moore Street, Howick, Auckland 2014 Tenancy Tribunal Case 4977087 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

The landlord’s application for rent arrears is dismissed.

This matter is determined as indicated by the order above, but the landlord is granted a period of 28 days within which, if an address for service for the tenant is identified and the tenant is served the documents of the application, they can request that the application be brought back before to the Tribunal and the matter will be re-opened.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the two numbers provided to the Tribunal.

The application was filed more than two months after the end of the tenancy so 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) Residential Tenancies Act 1986.

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

When the tenant gave notice to end the tenancy to the landlord she provided a forwarding address and a new phone number. This was on 3 May 2024. The tenancy then ended on 28 May 2024. The landlord’s application was filed on 20 August 2024.

Section 91A(2) of the RTA states that service can be made by posting the relevant documents to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application was made.

The forwarding address provided to the landlord was more than two months before the application was made.

A party to an application has a right to be informed of the claims being made against them. This requires that they be served notice of the claim. 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, providing reasons why this is the case, in support of their application. See section 91B Residential Tenancies Act 1986.

Order

The landlord’s application for rent arrears is dismissed.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to her at the scheduled time on the two numbers provided to the Tribunal.

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

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

The forwarding address provided to the landlord was more than two months before the application was made.

Tenancy Tribunal case 4977087 — Rent arrears at 131A Moore Street, Howick, Auckland 2014

At a glance

Tenancy Tribunal case 4977087 — Rent arrears at 131A Moore Street, Howick, Auckland 2014

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions