Tenant's Claims Dismissed Due to Non-Attendance at Hearing
📌 In brief
The Tenancy Tribunal dismissed the tenant's claims because the tenant did not attend the hearing. The tenant was ordered to pay rent arrears and other fees.
⚖️ Legal holding
A tenant must attend the hearing or risk having their claims dismissed.
📖 Technical summary
The Tribunal dismissed the tenant's claim due to non-attendance and ordered the tenant to pay rent arrears and other fees.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's claims due to non-attendance at the hearing. The tenant was ordered to pay rent arrears and other fees.
📚 Full judgment Official document
__________________________________________________________________________________ 5089069 1
[2025] NZTT 5089069, 5123572
TENANCY TRIBUNAL - Wellington | Te Whanganui-a-Tara
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] to pay [COMPANY] For [NAME] $981.29 from the bond, calculated as shown in table below.
Description Landlord Tenant Rent arrears to 13 October 2024 $1,214.29 Filing fee reimbursement $27.00 Amount ordered to be paid by the landlord $260.00 Total award $1,241.29 $260.00 Net award $981.29 Bond $981.29 $2,418.71
2. The Bond Centre is to pay the bond of $3,400.00 (5636652-002) immediately apportioned as follows:
[COMPANY] For [NAME]: $981.29
[NAME]: $2,418.71
3. All other claims are dismissed.
__________________________________________________________________________________ 5089069 2
Reasons:
1. The landlord attended the hearing. The tenants contacted the Court five minutes before the hearing started to say they could not attend because of a funeral over the weekend. There was no request for an adjournment. The tenants’ claim is dismissed.
2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The claim for cleaning was withdrawn at the hearing.
How much is owed for rent?
3. The parties agreed the tenancy would end on 9 October 2024. The landlord has provided me with text messages showing the tenants were still cleaning and taking the last of their belongings on Sunday 13 October. I find the tenancy ended on 13 October 2024 and the tenants should pay rent to that date. The landlord provided rent records that prove the amount owing at the end of the tenancy.
Did the tenants comply with their obligations at the end of the tenancy?
4. There is a claim for replacement keys. At the end of the tenancy tenants must return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
5. The owner arranged for the locks to be changed on Monday 14 October because no keys were returned. However, I have seen text messages between the property manager and the tenants over the weekend and it seems most likely to me the tenants left the keys in the letter box on Sunday as arranged. The claim for replacement keys is dismissed.
Other orders
6. Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
7. I have sent a request to the Bond Centre for the bond.
K Koller
24 February 2025
__________________________________________________________________________________ 5089069 3
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/
__________________________________________________________________________________ 5089069 4
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 landlord attended the hearing, which allowed their claims to be heard.
- The landlord provided text messages showing the tenants were still at the property on October 13, 2024.
- The landlord provided rent records that proved the amount owing at the end of the tenancy.
- The landlord substantially succeeded with the claim, leading to reimbursement of the filing fee.
❌ Tends to be rejected
- The tenants did not attend the hearing, which led to their claim being dismissed.
- The claim for replacement keys was dismissed because it was likely the tenants left the keys as arranged.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's claims were dismissed because they did not attend the hearing.
What was the dispute about?
The dispute was about rent arrears and the return of the bond.
How did the court decide, and why?
The court decided to dismiss the tenant's claims because they did not attend the hearing, which resulted in the dismissal of their claims.
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 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 to avoid having their claims dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.