Tenant's Application Withdrawn After Failing to Attend Hearing
📌 In brief
In this Tenancy Tribunal case, the claimant's application was withdrawn because the tenant failed to show up for the hearing despite receiving proper notice. The landlord informed the tribunal that the tenant had been issued a 90-day notice to terminate the tenancy due to the property being sold.
⚖️ Legal holding
A tenant's failure to attend a hearing can lead to the withdrawal of their application.
📖 Technical summary
The claimant's application was withdrawn due to the tenant's failure to attend the hearing.
📜 Headnote Official document
In a recent Tenancy Tribunal case, the claimant's application was withdrawn due to the tenant's failure to attend the hearing. The tenant had been properly notified of the hearing but chose not to appear.
📚 Full judgment Official document
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[2025] NZTT 5082912
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Baylys Beach, Baylys Beach 0377
ORDER
1. The application is withdrawn.
Reasons:
1. The landlord attended the hearing. The tenant did not.
2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
3. The landlord advised me during the hearing that:
a. [NAME] died on 10 December 2024;
b. [NAME] are currently going through probate;
c. The executor of the owner’s will have issued instructions for the [NAME] to be sold;
d. The tenant has been issued with a 90-day notice terminating her tenancy because the [NAME] is being sold;
e. The rent arrears have been paid.
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4. For all the reasons set out in paragraph [3] above, the landlord’s 25 November 2024 application has been withdrawn.
[NAME]
27 February 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 [NAME] 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 [NAME].
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:
❓ Frequently asked questions
What did this decision decide?
The claimant's application was withdrawn because the tenant did not attend the hearing.
What was the dispute about?
The dispute was about the termination of the tenant's tenancy due to the property being sold.
How did the court decide, and why?
The court decided to withdraw the application because the tenant did not attend the hearing, despite proper notice.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The fact that the tenant did not attend the hearing was the most important factor in the decision.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, as the application was withdrawn.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all hearings to avoid having their application withdrawn.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.