Landlord Withdraws Termination Application During Hearing
📌 In brief
In this Tenancy Tribunal case, the landlord withdrew their termination application during the hearing, resulting in the dismissal of the application. The names and identifying details of both parties were kept secret.
⚖️ Legal holding
A landlord may withdraw their application for termination during a Tenancy Tribunal hearing.
📖 Technical summary
The application for termination was withdrawn by the landlord during the hearing.
📜 Headnote Official document
The Tenancy Tribunal dismissed an application for termination after the landlord withdrew the application during the hearing. The parties' names and identifying details were suppressed.
📚 Full judgment Official document
__________________________________________________________________________________ 5167878 1
[2025] NZTT 5167878
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the parties names and identifying details.
2. The application is dismissed.
Reasons:
1. Both parties attended the hearing by phone.
2. The landlord had applied for termination, however at the hearing the landlord advised the tenant has given notice to terminate the tenancy and sought to withdraw the application. The application is dismissed by consent and the parties details are suppressed.
[NAME] 07 March 2025
__________________________________________________________________________________ 5167878 2
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord sought to withdraw their application during the hearing.
- The Tribunal ordered that the names and identifying details of the parties be kept private.
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 for termination after the landlord withdrew it during the hearing.
What was the dispute about?
The dispute was about the landlord's attempt to terminate the tenancy agreement.
How did the court decide, and why?
The court decided to dismiss the application because the landlord withdrew it during the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was the landlord's decision to withdraw the termination application during the hearing.
Was the decision for or against the person who brought the case?
The decision was against the landlord who initially brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation could have their termination application dismissed if they choose to withdraw it during the hearing.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.