Rent Arrears Application Dismissed for Lack of Prosecution
📌 In brief
The Tenancy Tribunal dismissed the landlord's application for rent arrears because the landlord failed to attend the hearing or communicate with the Tribunal.
⚖️ Legal holding
An application for rent arrears is dismissed if the applicant fails to appear or communicate with the Tribunal.
📖 Technical summary
The claimant's application for rent arrears was dismissed due to lack of prosecution.
📜 Headnote Official document
The claimant's application for rent arrears was dismissed by the Tenancy Tribunal due to the claimant's failure to appear or communicate with the Tribunal.
📚 Full judgment Official document
__________________________________________________________________________________ 5165611 1
[2025] NZTT 5165611
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Benefield
Landlord
RESPONDENTS: [redacted] Kowhai, [NAME]
Tenants
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
The landlord’s application for rent arrears is dismissed.
Reasons:
1. This matter is scheduled before me today for a hearing on Microsoft Teams.
2. None of the parties joined the hearing on Microsoft Teams on the video link provided in the Notice of Hearing sent to the parties.
3. The Tribunal telephoned the landlord on the cell phone number it provided in its application, but the telephone call went unanswered.
4. The file does not indicate any communication from the landlord within the last few weeks.
5. The landlord had applied for an order for rent arrears. However, there being no appearance by the landlord, and no communication from the landlord seeking an adjournment or anything else, the application is dismissed for want of prosecution.
__________________________________________________________________________________ 5165611 2
6. The application is dismissed.
[NAME]
15 April 2025
__________________________________________________________________________________ 5165611 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/
__________________________________________________________________________________ 5165611 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 Tribunal attempted to contact the landlord by phone, but the call was not answered.
- The Tribunal's records showed no communication from the landlord in the weeks leading up to the hearing.
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 rent arrears.
What was the dispute about?
The dispute was about the landlord's request for unpaid rent from the tenants.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not appear at the hearing or communicate with the Tribunal.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The most important argument was the landlord's failure to appear or communicate with the Tribunal.
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?
Someone in a similar situation should ensure they attend hearings and communicate with the Tribunal to avoid having their application dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.