tenant application dismissal
📖 What is tenant application dismissal? Meaning and definition
When a tenant makes an application to the Tenancy Tribunal, they are expected to participate in the process. A 'tenant application dismissal' means the Tribunal has decided to close the tenant's case. This is a significant outcome because it means the tenant's issues will not be heard or resolved by the Tribunal in that particular application.
This dismissal often occurs if the tenant, who is the applicant in this scenario, fails to attend their scheduled hearing. The Tribunal may wait a short period, such as 10 minutes, to allow for late attendance, but if the tenant still doesn't appear or hasn't requested an adjournment, the application can be dismissed. It can also happen if the tenant indicates a wish to withdraw their application but doesn't take the formal steps to do so, or if they are unreachable by the Tribunal.
The legal basis for such dismissals in New Zealand is typically found in sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986. If an application is dismissed, the tenant may have options like applying for a rehearing if they believe a substantial wrong or miscarriage of justice occurred, for example, if they did not receive notification of the hearing.
📋 Requirements
- The tenant (applicant) did not attend the scheduled hearing.
- The tenant did not request an adjournment of the hearing.
- The tenant did not notify the Tribunal that the matter had been resolved.
- The tenant did not respond to attempts by the Tribunal to contact them (e.g., telephone calls).
📝 Procedure
- The tenant files an application with the Tenancy Tribunal.
- A hearing is scheduled for the application.
- The tenant fails to attend the hearing at the scheduled time.
- The Tribunal may wait a short period (e.g., 10 minutes) for the tenant to attend.
- If the tenant does not attend or provide a valid reason, the Tribunal dismisses the application.
💡 Examples
- A tenant's application was dismissed because they did not show up for their Tenancy Tribunal hearing and hadn't asked for it to be postponed.
- The Tribunal dismissed a tenant's case after they were telephoned multiple times but did not answer, and had previously indicated a desire to withdraw their application without formal action.
- Even though the landlord attended, the tenant's application was dismissed when the tenant failed to appear at the hearing, meaning their case could not be presented or proven.
- A tenant's application was dismissed in accordance with the Residential Tenancies Act 1986 after they neither attended the hearing nor communicated with the Tribunal about the matter.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does it mean if my tenant application is dismissed?
It means the Tenancy Tribunal has closed your case without making a decision on the issues you raised. Your application will not be heard or resolved by the Tribunal in its current form.
Why would my application be dismissed?
Common reasons for dismissal include not attending your scheduled hearing, not requesting an adjournment, or not responding to the Tribunal's attempts to contact you.
What happens if the other party also didn't attend?
Even if the other party didn't attend, if it's your application and you didn't attend, your application can still be dismissed because you, as the applicant, did not present your case.
Can I do anything after my application is dismissed?
Yes, you can apply for a rehearing if you believe a substantial wrong or miscarriage of justice has occurred. More information on rehearings and appeals is available on the justice.govt.nz website.
Where can I find more information about rehearings?
You can visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for detailed information on the process and grounds for applying for a rehearing or appeal.
Does a dismissal mean I can't ever bring my case again?
A dismissal of an application means that specific application is closed. Depending on the reasons for dismissal and the nature of your claim, you might be able to file a new application, but it's best to seek legal advice on your specific circumstances.