Tenant's Claim Dismissed Due to Non-Attendance

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[2025] NZTT 5152832, 5175611

TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. Ms [NAME] application is dismissed.

2. [NAME]’s cross application is withdrawn.

Reasons:

1. There are cross applications set down before me today for half a day.

2. The application filed by [NAME] is for a $1000,000.00 claim against the landlord for alleged breaches of the Residential Tenancy Act, including failure to comply with the Healthy Homes Standards.

3. [NAME] contacted the Tribunal half an hour before its commencement confirming the phone number to be connected on. She failed to make herself available and did not attend the hearing at the scheduled time, See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986. Three attempts were made to telephone her and there was no answer. An attempt was made to also contact [NAME], the actual named tenant. She also failed to answer the phone.

4. As a result, the application is dismissed. However, I note, that [NAME] is in fact the mother of the named tenant in this tenancy. Therefore, there would arguably be a jurisdiction issue to be determined if the case proceeded. Whilst

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[NAME] stated she was, as he believed, the guarantor by promising to pay the rent, this is not stipulated in the tenancy agreement.

5. However, I am not required to determine the application given the failure of the applicant [NAME] to attend the hearing. The failure to attends requires me to strike out the application she filed.

6. [NAME] filed an application against the tenant [NAME] seeking costs for unlawful use of the premises, allegations of Methamphetamine use, rent arrears and other costs.

7. [NAME] claimed for costs in relation to monies he advanced to the tenant for her to fix and remedy issues in the home that were never carried out.

8. Given the fact that neither [NAME] not [NAME] made themselves available, and the belief that [NAME] has that regardless of the outcome of the tribunal he would not receive payment, he withdrew his application.

9. In relation to the bond, I wish to record that I was advised that WINZ paid a bond on behalf of the tenant [NAME] direct. This was on the basis that the tenant and [NAME] had an agreement that she would use this money herself to make the necessary repairs and maintenance to the property. Again, the evidence is that the repairs were not carried out. This is not the purpose to the bond. The bond is a payment made to the bond centre that protects both parties.

10. Given the above, this brings the two applications in relation to this tenancy to an end.

S Munro

28 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.

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: