Landlord's Application Dismissed Due to Improper Service
📌 In brief
The Tenancy Tribunal dismissed the landlord's application because the landlord failed to properly serve the tenant according to the Residential Tenancies Act 1986. The application was not served in accordance with the required methods, leading to its dismissal.
⚖️ Legal holding
A landlord's application must be served according to the Residential Tenancies Act 1986.
📖 Technical summary
The claimant's application was dismissed due to failure to serve the respondent properly.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application due to improper service of the tenant. The application was not served in accordance with the Residential Tenancies Act 1986, specifically section 91A(2).
📚 Full judgment Official document
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[2025] NZTT 5170691
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 54 I [ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
2. This matter is determined as indicated by the orders above, but Kāinga Ora– Homes And Communities is granted a period of 28 days within which, if they can confirm service to [NAME], or if they can confirm that the email address they have for [NAME] is current, they can request that the application be brought back before the Tribunal and the matter will be re-opened.
Reasons:
3. The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
4. 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.
5. The application has not been served in accordance with these requirements.
6. A respondent has a right to know the claims being made against them and to be given an opportunity to prepare and present a defence.
7. The hearing cannot proceed until effective service has taken place.
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8. The landlord has an email address for the tenant which was provided at the end of the tenancy. However, the application to Tenancy Services was made more than two months after the email address was provided to [COMPANY].
9. As the law stood at the time the application was made, this is not sufficient as an address for service.
10. [COMPANY] is a New Zealand government organisation and in my view, they should set a high standard for strict compliance with New Zealand law.
C Lamdin
23 April 2025
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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 application was filed more than two months after the tenancy ended, so the usual service rules did not apply.
- The application was not served personally, to someone over 16 at the tenant's current address, or by post to an address provided recently.
- The tenant has a right to know the claims against them and to have an opportunity to present a defence.
- The hearing could not proceed because effective service had not taken place.
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 it was not served properly to the tenant.
What was the dispute about?
The dispute was about whether the landlord followed the correct procedures for serving the tenant with the application.
How did the court decide, and why?
The court decided to dismiss the application because it was not served according to the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 91A(2) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to serve the tenant properly within the required timeframe.
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 failing to properly serve the other party can lead to the dismissal of their application.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.