What was the outcome of Tenancy Tribunal case 4983293?

The tribunal order states: The hearing scheduled at 9.30am on Monday 3 March 2025 is hereby vacated.

How much money was awarded in case 4983293?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983293?

The dispute type was not classified.

Where can I read the official tribunal order for case 4983293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11505529-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4983293?

The tribunal order states: The hearing scheduled at 9.30am on Monday 3 March 2025 is hereby vacated.

How much money was awarded in case 4983293?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983293?

The dispute type was not classified.

Where can I read the official tribunal order for case 4983293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11505529-Tenancy_Tribunal_Order.pdf.

23 Murphys Road, Totara Park, Auckland 2019 Tenancy Tribunal Case 4983293 — Tenancy dispute

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Order

The hearing scheduled at 9.30am on Monday 3 March 2025 is hereby vacated.

The landlord is to provide the Tribunal with a current service address for the tenant.

The application is returned to Tenancy Services for further service.

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.

Reasons

The landlord’s application for vacated costs has been scheduled for hearing at

30am on Monday 3 March 2025.

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 landlord has emailed the Registry today to say that the tenant is no longer based at the address the landlord gave the Registry previously.

The landlord emailed that they have been advised that the tenant may not be aware that the hearing is scheduled and that she has no access to phone or email.

The landlord should find out where the tenant’s rehab centre is presently so that the Tribunal can give proper service of the next notice of hearing to the tenant.

The landlord should also enquire with the tenant’s lawyer to find out if the lawyer has instructions to accept service of process.

Given that the tenant has not been served with proper notice of the hearing, the hearing on Monday cannot proceed.

The application has not been served in accordance with section 91A(2) requirements.

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 Residential Tenancies Act 1986.

Order