What was the outcome of Tenancy Tribunal case 5108308?

The tribunal order states: The landlord’s application is dismissed for want of service.

How much money was awarded in case 5108308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5108308?

The dispute type was not classified.

Where can I read the official tribunal order for case 5108308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386974-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5108308?

The tribunal order states: The landlord’s application is dismissed for want of service.

How much money was awarded in case 5108308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5108308?

The dispute type was not classified.

Where can I read the official tribunal order for case 5108308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11386974-Tenancy_Tribunal_Order.pdf.

17 Keats Place, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5108308 — Tenancy dispute

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Order

The landlord’s application is dismissed for want of service.

This matter is determined as indicated by the order above, but Jiang Yu is granted a period of 28 days within which, if contact is made with the respondent, they can request that the application be brought back before the Tribunal and the matter will be re-opened.

Reasons

The landlord attended the hearing. The tenant did not attend.

The tenant brought an application before the Tribunal which was heard and determined on 5 December 2024.

The landlord’s application was filed on 12 December 2024. As such this is not a cross-application. Therefore, service must be made on the respondent.

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 respondent, 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.

The hearing cannot proceed unless effective service has taken place.

The respondent lives in China and there is no information before the Tribunal today confirming the respondent has received notice of the hearing.

The landlord has an email address for the respondent but cannot confirm that it is current. The 28-day timeframe in order 2, allows the landlord an opportunity to engage with the respondent and provide the respondent information regarding their claim. Proof of this contact will be required in order for this application to be re-opened.

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