Tenant's Application Dismissed for Not Attending Hearing
📌 In brief
The Tenancy Tribunal dismissed the tenant's application and awarded the landlord $2,286.46 for rent arrears, cleaning, and other damages after the tenant failed to attend the hearing.
⚖️ Legal holding
A tenant who fails to attend a hearing without a valid reason risks having their application dismissed.
📖 What the law says
This rule says that if a party is properly told about a hearing but doesn't show up, the Tribunal can still decide the case, dismiss it, or postpone it, even without that party being there.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's application and awarded the landlord $2,286.46 for various claims.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application and awarded the landlord $2,286.46 for rent arrears, cleaning, and other damages after the tenant failed to attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5109448, 5147392
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: 9H Clearwater Cove, West Harbour, Auckland 0618
ORDER
1. [NAME] must pay [NAME] and [NAME] $2,286.46 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $797.14 Rubbish removal $368.00 Cleaning $500.00 Carpet tiles $235.76 Toilet seat $30.00 Miscellaneous repairs $328.56 Filing fee reimbursement $27.00 Total award $2,286.46 Total payable by Tenant to Landlord $2,286.46
2. The tenant’s application is dismissed.
3. The landlord’s claim for reimbursement of air fares is dismissed.
Reasons:
1. The landlord attended the hearing by telephone. The tenant did not attend the hearing.
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2. The tenant had requested an adjournment which was declined. On the morning of the hearing the tenant advised the Tribunal that she would not be attending the hearing.
3. Section 92 of the Residential Tenancies Act 1986 provides that where notice of a hearing has been given to a party and that party does not attend at the hearing, the Tribunal may hear and determine the matter in the absence of that party.
4. The landlord applied for rent arrears, compensation and reimbursement of the filing fee.
5. The tenant applied for a claim in respect of the Healthy Homes standards, compensation and exemplary damages.
6. As the tenant did not attend the hearing the tenant’s application is dismissed.
Landlord application
7. The tenant gave notice to end the tenancy and the final day was 1 January 2025. The tenant’s last rent payment was received by the landlord on 22 November 2024.
8. The landlord sought rent arrears that were owing. The tenant had agreed to release the bond to go toward the rent arrears. The rent arrears awarded is the balance after applying the bond.
Did the tenant comply with their obligations at the end of the tenancy?
9. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
10. The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
11. The landlord carried out the cleaning. The landlord obtained a quote for the cleaning which was $625.14. I have considered the photographs produced showing that further cleaning was required. I award $500.00 to the landlord for their time in carrying out the cleaning.
12. The landlord claims for damaged and missing carpet tiles. The tenant removed the carpet tiles from the deck area, and they were stored in the garage. At the end of the tenancy five carpet tiles were missing and two were damaged. The
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landlord produced photographs from the beginning of the tenancy showing that the tiles were not damaged. I award the cost for replacement carpet tiles.
13. The landlord claims for a broken toilet seat. That amount is awarded.
14. The landlord produced an invoice for rubbish removal and that amount is awarded.
15. There were other issues which the landlord carried out including a damaged towel rail and broken window latch. The landlord seeks reimbursement of the consumables used and not the time required to carry out the repairs. I award the costs sought by the landlord.
16. The landlord claimed for reimbursement of airfares for travelling from Queenstown to Auckland. It is a business decision for the landlord to have a tenancy in a city other than where they live. This is not a cost for the tenant. That part of the landlord’s claim is dismissed.
17. [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.
[NAME]
26 May 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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant did not attend the hearing without a valid reason.
- The landlord provided evidence of rent arrears and necessary cleaning costs.
- The tenant left the premises unreasonably dirty and with rubbish not removed.
- The landlord showed proof of damage to carpet tiles and a broken toilet seat.
❌ Tends to be rejected
- The tenant requested an adjournment which was denied.
- The tenant did not provide any evidence supporting their claims.
- The tenant applied for compensation related to Healthy Homes standards without attending.
- The landlord's claim for airfare reimbursement was dismissed as it was considered a personal expense.
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 tenant's application and awarded the landlord $2,286.46 for various claims.
What was the dispute about?
The dispute was about rent arrears, cleaning costs, and other damages claimed by the landlord.
How did the court decide, and why?
The court decided to dismiss the tenant's application because the tenant did not attend the hearing without a valid reason.
Which laws or rules were applied?
Section 92 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The fact that the tenant did not attend the hearing without a valid reason was the central argument.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend the hearing or provide a valid reason for their absence.
What evidence or documents mattered?
Photographs showing the state of the property and quotes for cleaning services were relevant.