What was the outcome of Tenancy Tribunal case 5299389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5299389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5299389?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5299389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12318624-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5299389?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5299389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5299389?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5299389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12318624-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2C, 6 Winchester Street, Grey Lynn, Auckland Tenancy Tribunal Case 5299389 — Rent arrears

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Order

The application is dismissed.

This matter is determined as indicated by the order above, but Dwayne Kemp is granted a period of 28 days within which, if the respondent can be served notice of this hearing in accordance with the Residential Tenancies Act, 1986, Dwayne Kemp can request that the application be brought back to the Tribunal and the matter will be re-opened.

Reasons

The landlord attended the hearing. The tenant did not answer either of the calls made at the scheduled time on the number provided.

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 the address where the tenant now lives, by post to an address provided by the tenant within two months before the application was made, or if an email address has been provided as an address for service, to this address as long as service is made within two years of the tenancy ending. See section 91A(2) Residential Tenancies Act 1986.

The application has not been served in accordance with these requirements: The only address for service contained in the tenancy agreement is the residential address that relates to the tenancy.

The tenancy ended on 19 February 2025 and a hearing under application number 5145710 for rent arrears was held on 31 March 2025.

The landlord says the last email contact they had from the tenant was on 1 April 2025. This is not particularly relevant however, as the email address has never been an address for service.

This application was filed on 3 July 2025, more than four and a half months after the tenancy ended and more than three months since the landlord last had any communication with the tenant.

It is a basic tenet of justice that a respondent has a right to be informed of the case being made against them, and to be given an opportunity to prepare and present a response. This hearing cannot proceed unless 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

The application is dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer either of the calls made at the scheduled time on the number provided.

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 only address for service contained in the tenancy agreement is the residential address that relates to the tenancy.

The tenancy ended on 19 February 2025 and a hearing under application number 5145710 for rent arrears was held on 31 March 2025.

The landlord says the last email contact they had from the tenant was on 1 April 2025. This is not particularly relevant however, as the email address has never been an address for service.

This application was filed on 3 July 2025, more than four and a half months after the tenancy ended and more than three months since the landlord last had any communication with the tenant.

Tenancy Tribunal case 5299389 — Rent arrears at Unit/Flat 2C, 6 Winchester Street, Grey Lynn, Auckland

At a glance

Tenancy Tribunal case 5299389 — Rent arrears at Unit/Flat 2C, 6 Winchester Street, Grey Lynn, Auckland

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