Tenant claim dismissed for landlord's non-attendance
📌 In brief
The Tenancy Tribunal dismissed a claim brought by a landlord against tenants because the landlord did not show up for the hearing. The Tribunal found that the rent was not overdue and that the tenants claimed they didn’t owe any water rates.
⚖️ Legal holding
A tenant is entitled to have their claim heard if they attend the hearing.
📖 What the law says
This rule generally states that the Tenancy Tribunal cannot order one party to pay the other party's costs. However, there are exceptions, such as if the case is considered trivial or annoying, or if a party refused to settle the matter with a mediator without a good reason.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claim was dismissed due to the applicant's absence.
📜 Headnote Official document
The Tenancy Tribunal dismissed a claim brought by a landlord against tenants due to the landlord’s failure to attend the hearing. The Tribunal noted that the rent was not in arrears and that the tenants disputed owing water rates.
📚 Full judgment Official document
__________________________________________________________________________________ 5156631 1
[2025] NZTT 5156631
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
RESPONDENTS: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the tenants’ names and identifying details.
2. The application is dismissed.
Reasons:
1. Only the tenants were represented at the hearing. The applicant was phoned at 2:02pm and 2:11pm but both calls went to voicemail.
2. The claim is dismissed because the applicant did not attend to address the application. It is clear that the rent is not in arrears. The respondents dispute that there are water rates owing.
3. The Tribunal can order a party to pay reasonable costs. If the applicant requires a rehearing of this application and it is granted, the adjudicator may consider costs. See section 102(2),(3)(b) Residential Tenancies Act 1986.
4. The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4). It is reasonable to suppress the tenants’ names and details.
[NAME] 28 March 2025
__________________________________________________________________________________ 5156631 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.
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 tenants' names and identifying details were suppressed by order of the Tribunal.
- The rent was not in arrears.
- The respondents disputed that water rates were owed.
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 claim against the tenants because the landlord did not attend the hearing.
What was the dispute about?
The dispute was about whether the tenants owed rent and water rates.
How did the court decide, and why?
The court decided to dismiss the claim because the landlord did not attend the hearing, which meant the claim could not be addressed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 102(2) and (3)(b), were applied.
What was the argument that mattered most?
The most important argument was that the landlord failed to attend the hearing, which prevented the claim from being heard.
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 means that failing to attend a hearing can result in the dismissal of their claim.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were presented.