Tribunal Orders Landlord to Provide Tenant's Service Address
📌 In brief
The Tenancy Tribunal ordered the landlord to provide a current service address for the tenant to ensure proper service of the application. The application was filed more than two months after the end of the tenancy, meaning the usual service rules no longer applied. The hearing could not continue until the application was properly served.
⚖️ Legal holding
A landlord must provide a current service address for the tenant to ensure proper service of the application.
📖 Technical summary
The Tribunal ordered the landlord to provide a current service address for the tenant.
📜 Headnote Official document
The Tenancy Tribunal ordered the landlord to provide a current service address for the tenant to ensure proper service of the application. The application was filed more than two months after the end of the tenancy, thus the usual service rules no longer applied. The hearing could not proceed until effective service had taken place.
📚 Full judgment Official document
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[2025] NZTT 5092288
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord is to provide the Tribunal with a current service address for the tenant.
2. The application is returned to Tenancy Services for further service.
3. If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.
Reasons:
1. The landlord attended the teleconference hearing on 12th March 2025. The tenant did not.
2. The tenancy ended in February 2021 and the landlord made an application to the Tribunal in December 2024.
3. The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
4. The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an
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address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
5. The application has not been served in accordance with these requirements.
6. The hearing cannot proceed until effective service has taken place.
7. If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with after outlining all the efforts the landlord had put in. See section 91B Residential Tenancies Act 1986.
8. Once that has been done, the landlord must provide relevant photos to prove that damages occurred during the tenancy. Photos of the premises before and after the tenancy should be provided.
[NAME]
13 March 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 landlord must provide a current service address for the tenant to ensure proper service of the application.
- The application cannot proceed without effective service being completed.
- The landlord can apply to the Tribunal for alternative service methods if they cannot locate the tenant.
❌ Tends to be rejected
- The application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.
- The landlord did not provide a current service address for the tenant.
- The application was not served according to the required methods specified in the Residential Tenancies Act 1986.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the landlord to provide a current service address for the tenant to ensure proper service of the application.
What was the dispute about?
The dispute was about ensuring proper service of the landlord's application to the Tenancy Tribunal, which was filed more than two months after the end of the tenancy.
How did the court decide, and why?
The court decided that the landlord must provide a current service address for the tenant to ensure proper service of the application, as the application was filed more than two months after the end of the tenancy.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 91A(2) and 91B were applied.
What was the argument that mattered most?
The argument that mattered most was that the application was filed more than two months after the end of the tenancy, thus the usual service rules no longer applied.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the landlord was ordered to provide a current service address for the tenant.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that if an application is filed more than two months after the end of the tenancy, the landlord must provide a current service address for the tenant to ensure proper service of the application.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.