tenant failure to attend
📖 What is tenant failure to attend? Meaning and definition
When a tenant fails to attend a Tenancy Tribunal hearing, the Tribunal may still proceed with the matter. This typically occurs after the Tribunal is satisfied that the tenant received proper notice of the hearing, meaning they were informed about the date, time, and method of attendance, such as a Teams video link or phone call.
In such cases, the Tribunal will usually hear the landlord's side of the story and review any evidence they have provided. The landlord's attendance is crucial, as they present their application and supporting documents, such as rent records proving arrears.
The consequence of a tenant's non-attendance can be that the Tribunal makes an order against them based solely on the landlord's evidence. This can include orders for the tenant to pay rent arrears, filing fee reimbursements, or for the bond to be paid to the landlord, as demonstrated in various Tenancy Tribunal decisions.
Therefore, even if a tenant does not attend, the legal process continues, and decisions can be made that financially impact the tenant, highlighting the importance of attending or formally responding to hearing notices.
📋 Requirements
- The tenant did not attend the scheduled hearing.
- The Tenancy Tribunal is satisfied that notice of the hearing was properly given to the tenant.
- The landlord attended the hearing and presented their case and evidence.
📝 Procedure
- The landlord attends the scheduled Tenancy Tribunal hearing.
- The tenant does not attend the hearing, and attempts to contact them (e.g., phone calls) are unsuccessful.
- The Tribunal confirms that the tenant was given proper notice of the hearing.
- The Tribunal proceeds to hear the matter in the tenant's absence.
- The landlord provides evidence, such as rent records, to support their claims.
- The Tribunal makes an order based on the evidence presented by the landlord.
💡 Examples
- A tenant did not attend their video hearing, and calls to their phone went unanswered, leading the Tribunal to order them to pay rent arrears and a filing fee.
- Despite a tenant failing to attend the hearing, the Tribunal ordered them to pay $307.00 to the landlord, with the bond also being paid to the landlord, after being satisfied that notice was given.
- The Tribunal ordered a tenant to pay $2,477.00 for rent arrears and a filing fee after they did not answer calls to their phone during the hearing, and the landlord provided proof of the amount owing.
- A landlord attended a video hearing, but the tenant did not, with a call to their mobile number going straight to voicemail, resulting in an order for the tenant to pay a filing fee and for the bond to be paid to the landlord.
❓ Frequently asked questions
What happens if I miss my Tenancy Tribunal hearing?
If you miss your Tenancy Tribunal hearing, the Tribunal may still proceed with the case in your absence, provided they are satisfied you received proper notice of the hearing. Orders can be made against you based on the evidence presented by the other party.
Can the Tenancy Tribunal make a decision if I'm not there?
Yes, the Tenancy Tribunal can make a decision if you are not present at the hearing. This is allowed if the Tribunal is satisfied that you were properly notified about the hearing details.
How does the Tribunal know I received notice of the hearing?
The Tribunal will need to be satisfied that notice of the hearing was given to you. This typically involves proof that the hearing details were sent to your last known contact information, such as an address or email, or that attempts were made to contact you at the time of the hearing.
What kind of orders can be made against me if I don't attend?
If you don't attend, the Tribunal can make orders for you to pay rent arrears, reimburse filing fees, or direct that your bond be paid to the landlord, based on the evidence presented by the landlord.
What should I do if I can't attend my Tenancy Tribunal hearing?
If you cannot attend your Tenancy Tribunal hearing, it is important to contact the Tribunal as soon as possible to explain your situation and inquire about options, such as requesting an adjournment or arranging for remote attendance if available. Ignoring the hearing can lead to a decision being made without your input.