Improper Service Results in Dismissal of Landlord's Claim
📌 In brief
The Tenancy Tribunal dismissed the landlord's application because the landlord did not follow proper procedures for serving the tenant with notice of the hearing. The landlord attempted to serve the tenant through an email address not listed in the tenancy agreement, which is not compliant with the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord's application is dismissed if the tenant has not been properly served according to the Residential Tenancies Act 1986.
📖 Technical summary
The claimant's application was dismissed due to improper service of notice to the respondent.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application due to improper service of notice to the tenant. The landlord failed to serve the tenant according to the Residential Tenancies Act 1986, specifically section 91A.
📚 Full judgment Official document
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[2025] NZTT 5117691
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
2. This matter is determined as indicated by the order above, but the landlord is granted a period of 28 days within which, if it can be proved that the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, (the “RTA”) they can request that the application be brought back to the Tribunal and the matter will be re-opened.
Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made to him at the scheduled time on the number provided to the Tribunal.
2. The tenant has been served notice of, and documents regarding the hearing to an email address that is not included on his tenancy agreement, with a notification via SMS.
3. The tenant is in rent arrears and the landlord is seeking a monetary order.
4. Section 91A of the RTA includes the following:
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91A Service on tenants following application (1) If a landlord files an application within 2 months after the termination of the
tenancy to which it relates, any notice or other document required to be served on the tenant in connection with the application is deemed to have been properly served on the tenant if— (a) it is sent by post addressed to the tenant at the address or the Post Office
box given by the tenant as an address for service in accordance with this Act or to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or
(b) it is delivered to the premises to which any address for service relates or to that contact address and either placed in the mailbox or attached to the door in a prominent position; or
(c) it is given to or served on the tenant personally; or (d) it is given to or served on the tenant in accordance with section 136(2); or (e) it is transmitted to the email address or facsimile number given by the
tenant as an address for service. 5. The tenant has not been served in accordance with the RTA, and I am not
confident that he is aware of this application or today’s hearing.
6. The hearing cannot proceed until effective service has taken place.
[NAME]
09 April 2025
https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html#DLM96407
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant was not served in a way that follows the Residential Tenancies Act.
- The Tribunal was not sure if the tenant knew about the application or the hearing.
- The hearing could not continue because proper service had not occurred.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the landlord's application because the landlord failed to properly serve the tenant with notice of the hearing.
What was the dispute about?
The dispute was about whether the landlord had followed the correct procedure for serving the tenant with notice of the hearing.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the service of notice was not done in accordance with the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 91A of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord did not serve the tenant with notice in compliance with the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the landlord, who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that proper service of notice is crucial for the case to proceed. If the notice is not served correctly, the application may be dismissed.
What evidence or documents mattered?
The evidence that mattered was the method used to serve the tenant with notice of the hearing, which was not compliant with the Residential Tenancies Act 1986.