Tenant's Adjournment Request Denied by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal denied a tenant's request for an adjournment because the tenant started a new job and failed to provide a timely explanation for the request. The tenant's application for rent arrears was also dismissed.
⚖️ Legal holding
A tenant must provide a timely and reasonable explanation for requesting an adjournment.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, clarifying rights or obligations, ordering a party to give up possession of premises, or ordering a party to deliver specific items.
This rule states that if a party has been properly notified of a hearing but does not show up, the Tribunal can still 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
The claimant sought an adjournment but failed to provide a timely explanation for the request. The claimant's application for rent arrears was dismissed.
📜 Headnote Official document
The Tenancy Tribunal denied a tenant's request for an adjournment due to starting a new job and dismissed the tenant's application for rent arrears, ruling that the tenant must provide a timely and reasonable explanation for such requests.
📚 Full judgment Official document
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[2025] NZTT 5118573, 5118651
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $1,698.43 immediately, calculated as shown in the table below.
2. The cross application filed by [NAME] is dismissed.
Description Landlord Tenant Rent arrears to 20 January 2025 $2,271.43 Bond received $600.00 Filing fee reimbursement $27.00 Total award $2,298.43 $600.00 Net award $1,698.43 Total payable by Tenant to Landlord $1,698.43
Reasons:
1. The landlord attended the hearing by video conference link, represented by Ms [NAME].
Tenant adjournment request
2. The tenant contacted the Tenancy Tribunal Remote Registry by email on 2 April 2025 at 5.32pm requesting an adjournment on the grounds that she has started
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a new job this week and could not get time off work to attend. The Tribunal sent a minute to both parties today, 3 April 2025, at 7:52 am which stated:
Minute for both parties--urgent
The tenant requests an adjournment on the basis that she has started a new job this week and cannot take time off.
Her request for an adjournment is very late (received late evening on 2 April 2025) with no explanation as to why she did not ask for it to be rescheduled sooner, given that the notice of hearing was sent out on 17 February 2025.
The adjournment is declined at this stage. However, I will reconsider the application at the scheduled hearing time if the tenant wishes to make further submissions. The tenant will need to join the video hearing at 9.30 am on 3 April for the adjournment to be further discussed.
In the meantime, the landlord should advise whether they consent to an adjournment.
[NAME] 2.4.25
3. The tenant did not join the video conference link at the scheduled hearing time. The Tribunal also telephoned her on the number provided in the application. However, both call attempts diverted to voice message.
4. The landlord does not consent to an adjournment.
5. In the circumstances, I confirm that the tenant’s application for an adjournment is declined.
The applications
6. The tenancy started on 17 October 2022 for a fixed term period and the last renewal was due to end on 27 April 2025. The tenant requested early termination of the tenancy in November 2024 suggesting that she wished to end it before Christmas 2024. The landlord agreed to early termination and to advertise the premises for rent, on the condition that the tenant would remain liable for rent until the date a new tenant could be found.
7. The tenant vacated the premises and stopped paying rent after a payment on 29 November 2024. A new tenant was found so that this tenancy ended on 20 January 2025. The tenant is liable for rent to that date.
8. The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The landlord has received the bond which has been taken into account.
9. The applicant made a cross application for reduction of the fixed term tenancy. However, as she did not attend the hearing at the scheduled time, and her
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request for an adjournment was declined, I dismiss her application. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
10. As the landlord has succeeded with their application, they are entitled to reimbursement of the filing fee.
[NAME]
03 April 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.
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 tenant requested an adjournment based on starting a new job.
- The landlord provided proof of rent arrears through rent records.
- The landlord requested reimbursement of the filing fee.
❌ Tends to be rejected
- The tenant's request for an adjournment was submitted very late.
- The tenant did not provide a timely or reasonable explanation for the adjournment request.
- The tenant failed to attend the scheduled hearing and did not respond to calls.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal denied the tenant's request for an adjournment and dismissed the tenant's application for rent arrears.
What was the dispute about?
The dispute was about the tenant's request for an adjournment due to starting a new job and the tenant's application for rent arrears.
How did the court decide, and why?
The court decided to deny the adjournment request because it was submitted too late without a proper explanation and dismissed the rent arrears application because the tenant had vacated the premises and stopped paying rent.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 78(1)(i) and 92(1) were applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's failure to provide a timely and reasonable explanation for the adjournment request.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they must provide a timely and reasonable explanation for any adjournment request and ensure they have valid reasons for seeking rent arrears.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.