Landlord's Application Dismissed Due to Improper Service
📌 In brief
The Tenancy Tribunal dismissed a landlord's application because the landlord failed to properly serve the tenant. The application was filed too late, and the landlord did not follow the correct procedures for serving the tenant.
⚖️ Legal holding
A landlord's application is dismissed if it is not 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
In this Tenancy Tribunal case, the landlord's application was dismissed due to failure to serve the tenant properly. The application was filed more than two months after the end of the tenancy, and proper service was required under section 91A(2) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5091691
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord’s application is dismissed.
2. This matter is determined as indicated by the order above, but [COMPANY] is granted a period of 28 days within which, if [NAME] can be served in accordance with section 91A(2) of the Residential Tenancies Act, 1986, they can request that the application be brought back before 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 any of the calls made to her at the scheduled time on the two number provided to the Tribunal.
2. The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
3. 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.
4. The application has not been served in accordance with these requirements.
5. The hearing cannot proceed unless effective service has taken place.
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6. If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply with reasons, 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 with reasons, to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.
C Lamdin
12 February 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 landlord requested a period to serve the tenant according to the law.
- The court recognized the need for proper service as outlined in the Residential Tenancies Act.
❌ Tends to be rejected
- The application was not served according to the required methods set out in the Residential Tenancies Act.
- The application was filed more than two months after the end of the tenancy, making the usual service rules inapplicable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord's application was dismissed because the landlord failed to properly serve 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 the landlord did not follow the correct service procedures outlined in the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 91A(2) and Section 91B of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to serve the tenant properly, as required by 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 is crucial to ensure that all applications are served correctly according to the Residential Tenancies Act 1986.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.