non-attendance
📖 What is non-attendance? Meaning and definition
When a landlord or tenant applies to the Tenancy Tribunal, a hearing is scheduled for both parties to present their case. Non-attendance occurs if one or both parties fail to appear at this hearing at the designated time. This can happen whether the hearing is in person or conducted remotely, such as by video conference or telephone.
If an applicant (the party who brought the claim) does not attend, their application is typically dismissed. This means the Tribunal will not hear their case, and their claims will not be considered. The Tribunal expects parties to attend, request an adjournment if they cannot make it, or notify the Tribunal if the matter has settled before the hearing.
Even if the other party also does not attend, or if only one party attends while the applicant does not, the applicant's claim can still be dismissed due to their non-attendance. For example, if a tenant applies for a bond refund but does not attend the hearing, their other claims might be dismissed, though the bond refund itself might still be processed if the landlord has not filed a counterclaim.
📋 Requirements
- A scheduled Tenancy Tribunal hearing.
- A party (applicant or respondent) fails to attend at the scheduled time.
- The absent party did not request an adjournment.
- The absent party did not notify the Tribunal that the matter has settled.
📝 Procedure
- A Tenancy Tribunal hearing is scheduled for a specific date and time.
- One or both parties do not attend the hearing.
- The Tribunal notes the non-attendance.
- If the applicant is the party who did not attend, their application or remaining claims are dismissed.
💡 Examples
- A landlord's application for termination and possession was dismissed because neither the landlord nor the tenants attended the video conference hearing.
- A tenant's claims, other than a bond refund, were dismissed because the tenant did not appear at the hearing, even though the landlord did attend.
- An application was dismissed when the applicant did not attend the hearing, request an adjournment, or inform the Tribunal that the dispute had been resolved.
- The Tribunal attempted to contact a property manager by phone when no parties attended a remote hearing, but there was no answer.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What happens if I don't attend my Tenancy Tribunal hearing?
If you are the applicant and do not attend, your application will likely be dismissed. If you are the respondent and do not attend, the Tribunal may still proceed with the hearing and make a decision in your absence.
Can my case be dismissed if the other party also doesn't show up?
Yes, if you are the applicant, your application can still be dismissed for your non-attendance, even if the other party also fails to appear at the hearing.
What should I do if I can't make it to my Tenancy Tribunal hearing?
You should request an adjournment from the Tribunal or notify them if the matter has settled before the scheduled hearing time to avoid your application being dismissed due to non-attendance.
Does non-attendance affect all parts of my claim?
Non-attendance by an applicant typically leads to the dismissal of their claims. However, in some specific situations, like a bond refund application, some parts might proceed if there's no counterclaim, even if other claims are dismissed.
Where can I find more information about rehearings or appeals after a dismissal?
The Tenancy Tribunal website, justice.govt.nz/tribunals/tenancy/rehearings-appeals, provides information on applying for rehearings and appeals if you believe there was an error or you have new information.