failure to attend hearing
📖 What is failure to attend hearing? Meaning and definition
When a party involved in a tenancy dispute does not attend their scheduled Tenancy Tribunal hearing, it is considered a 'failure to attend hearing'. The Tribunal may proceed with the hearing and make a decision based on the information provided by the attending party or available evidence. This can result in an order being made against the absent party, such as an order to pay money or vacate premises.
Such an order, if not complied with, can lead to further consequences. For instance, the Ministry of Justice Collections Team can assist with enforcing civil debt, which may involve substantial additional costs for enforcement. It could also lead to the absent party being ordered to appear in the District Court for an examination of their financial means or even the seizure of their property.
If a party fails to attend, they might be able to apply for a rehearing. Information regarding rehearings and appeals, as well as forms like the 'TT-Application-for-rehearing.pdf', are available through the Ministry of Justice and Tenancy Services websites. Seeking further help or information regarding these matters is encouraged through official channels like tenancy.govt.nz or by contacting Tenancy Services directly.
📋 Requirements
- A scheduled Tenancy Tribunal hearing was set.
- One or more parties involved in the dispute did not appear at the hearing.
- The Tribunal proceeded to make a decision in the absence of the party.
📝 Procedure
- A Tenancy Tribunal hearing is scheduled.
- A party fails to attend the hearing.
- The Tribunal may make a decision without the absent party present.
- The absent party may be ordered to pay money or vacate premises.
- Failure to comply with an order can lead to enforcement actions by the Ministry of Justice Collections Team.
- An application for a rehearing may be possible.
💡 Examples
- A tenant did not attend their Tenancy Tribunal hearing regarding unpaid rent, resulting in an order for them to pay the arrears and vacate the property.
- A landlord failed to appear at a hearing concerning a tenant's application for compensation, leading to a decision being made in the tenant's favour.
- Due to a failure to attend, a party was ordered to pay a civil debt, and the Ministry of Justice Collections Team became involved in enforcing the payment.
❓ Frequently asked questions
What happens if I don't attend my Tenancy Tribunal hearing?
If you don't attend, the Tribunal may make a decision without you, potentially resulting in an order against you, such as paying money or vacating premises.
Can I apply for a rehearing if I missed my Tenancy Tribunal hearing?
Yes, information and forms for applying for a rehearing are available on the Ministry of Justice and Tenancy Services websites.
What are the consequences of not complying with an order made after I failed to attend a hearing?
Failure to comply can lead to substantial additional costs for enforcement, potentially involving the Ministry of Justice Collections Team, an examination of your means in District Court, or seizure of your property.
Where can I find more information about enforcing Tenancy Tribunal decisions?
You can visit tenancy.govt.nz/disputes/enforcing-decisions or contact Tenancy Services by phone for further help and information.
What is a 'civil debt' in the context of a Tenancy Tribunal order?
If you are ordered to pay money, this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt.