Landlord Withdraws Application During Tenancy Tribunal Hearing
📌 In brief
In this Tenancy Tribunal case, the landlord withdrew their application during the hearing. This means the case was dismissed and no further action was taken.
⚖️ Legal holding
A landlord can withdraw their application during a Tenancy Tribunal hearing.
📖 Technical summary
The landlord withdrew the application during the hearing.
📜 Headnote Official document
During a Tenancy Tribunal hearing, the landlord withdrew the application. The application was withdrawn due to the landlord appearing at the hearing by telephone.
📚 Full judgment Official document
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[2025] NZTT 5113668
TENANCY TRIBUNAL - Dunedin | Ōtepoti
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is withdrawn.
Reasons:
1. The landlord appeared at the hearing, by telephone and withdrew the application.
J Wilson
13 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:
❓ Frequently asked questions
What did this decision decide?
The landlord withdrew their application during the hearing.
What was the dispute about?
The dispute was about the landlord's application, which was withdrawn during the hearing.
How did the court decide, and why?
The court accepted the landlord's withdrawal of the application during the hearing.
Which laws or rules were applied?
No specific laws or rules were applied since the application was withdrawn.
What was the argument that mattered most?
The argument that mattered most was the landlord's decision to withdraw the application during the hearing.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, as the landlord withdrew the application.
What does this mean for someone in a similar situation?
For someone in a similar situation, withdrawing the application during the hearing means the case will be dismissed.
What evidence or documents mattered?
The judgment does not specify any evidence or documents that mattered.