Landlord's Application Dismissed for Not Attending Hearing
📌 In brief
The Tenancy Tribunal dismissed the landlord's application because the landlord did not show up for the hearing. The tenant's defense was successful as a result.
⚖️ Legal holding
A landlord's application is dismissed if they fail to attend the hearing without requesting an adjournment or notifying the settlement of the matter.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make, such as declaring rights or obligations, ordering possession of premises, or ordering payment of money.
If a party is properly notified of a hearing but does not show up, the Tribunal has the power to proceed with the case, dismiss it, or postpone it without that party being present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
Applications dismissed due to the landlord's failure to attend the hearing.
📜 Headnote Official document
The Tenancy Tribunal dismissed the landlord's application due to their failure to attend the scheduled hearing, as per sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5163775 1
[2025] NZTT 5163775, 5168055, 5164211
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted] Chan As Trustees For [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The applications are dismissed.
Reasons:
1. The respondent attended the hearing.
2. The applicants did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
3. The applicant had filed two applications and the tenant had file one cross application.
4. The tenant’s cross application was a defence to that landlord’s application, and she did not have any separate claims to advance.
5. The hearing was delayed by about 10 minutes to allow for lateness, but the landlord did not arrive.
6. All applications must therefore be dismissed.
__________________________________________________________________________________ 5163775 2
7. As the tenant did not have to file a separate application to defend the landlord’s claims, I have not awarded costs and all costs fall where they lie.
[NAME]
13 May 2025
__________________________________________________________________________________ 5163775 3
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/
__________________________________________________________________________________ 5163775 4
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 attended the hearing as required.
- The landlord did not attend the hearing, nor requested an adjournment or notified the tribunal that the matter was settled.
- The tenant did not have any separate claims to advance beyond defending against the landlord’s claims.
❌ Tends to be rejected
- The landlord failed to attend the hearing at the scheduled time.
- The landlord did not request an adjournment when they could not attend the hearing.
- The landlord did not notify the tribunal that the matter had been settled.
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 attend the hearing.
What was the dispute about?
The dispute was about the landlord's application which was related to a tenancy issue.
How did the court decide, and why?
The court decided to dismiss the landlord's application because the landlord did not attend the hearing as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
Sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The most important argument was that the landlord failed to attend the hearing without requesting an adjournment or notifying the settlement of the matter.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
For someone in a similar situation, failing to attend a scheduled hearing could lead to the dismissal of their application.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.