tenant non-attendance
📖 What is tenant non-attendance? Meaning and definition
When a Tenancy Tribunal hearing is scheduled, both the landlord and the tenant are expected to attend. If a tenant does not attend the hearing, the Tribunal may still proceed with the case. This can happen if the tenant fails to connect via the provided video link (such as Teams) or does not answer telephone calls made by the Tribunal at the allocated time.
The consequences of a tenant's non-attendance can be significant. The Tribunal may make orders against the tenant in their absence, such as terminating the tenancy, granting possession of the property to the landlord, or ordering the tenant to pay rent arrears and filing fees. In some cases, if neither party attends, the application may be dismissed.
It is important for tenants to ensure their contact details provided to the Tribunal are correct and that they are available at the scheduled hearing time. If a tenant cannot attend, they should notify the Tribunal in advance and may request an adjournment, although the excerpts do not detail the process for such a request.
📋 Requirements
- A Tenancy Tribunal hearing has been scheduled.
- The tenant fails to attend the hearing by the specified method (e.g., Teams video link, telephone).
- The Tribunal attempts to contact the tenant at the provided number, but the calls are unanswered or go to voicemail.
📝 Procedure
- A hearing is scheduled by the Tenancy Tribunal.
- The Tribunal attempts to contact the tenant at the allocated time via the provided contact details.
- If the tenant does not attend or respond, the Tribunal may proceed with the hearing in their absence.
- The Tribunal issues an order based on the evidence presented by the attending party, or dismisses the application if neither party attends.
💡 Examples
- A tenant did not attend their video hearing, and after two unanswered phone calls from the Tribunal, an order was made for them to pay rent arrears and for their bond to be paid to the landlord.
- The Tenancy Tribunal terminated a tenancy and granted possession to the landlord because the tenant failed to attend the video hearing and did not respond to phone calls.
- An application was dismissed when both the landlord and the tenant failed to attend the scheduled hearing, with all calls to both parties going to voicemail.
- A landlord attended a video hearing, but the tenant did not, leading to an order for the tenant to pay $3,015.56 to the landlord for rent arrears and filing fees.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What happens if a tenant doesn't show up for a Tenancy Tribunal hearing?
If a tenant doesn't attend a Tenancy Tribunal hearing, the Tribunal may proceed with the case in their absence. This can result in orders being made against the tenant, such as tenancy termination, possession orders for the landlord, or payment of rent arrears and fees.
Can the Tenancy Tribunal make a decision if I'm not there?
Yes, the Tenancy Tribunal can make a decision even if you are not present at the hearing. The cases show that orders can be issued against a tenant who did not attend, based on the information available to the Tribunal.
What if I can't attend my Tenancy Tribunal hearing?
The case excerpts indicate that if you cannot attend, you should notify the Tribunal. While not explicitly detailed, you might be able to request an adjournment, but this must be done in advance and is not guaranteed. It's crucial to communicate with the Tribunal.
Will the Tribunal try to contact me if I don't join the hearing?
Yes, the Tribunal will typically attempt to contact you. The cases show that Tribunal members made multiple telephone calls to the numbers provided by tenants when they did not attend the video link hearing.
What if both the landlord and tenant don't attend the hearing?
If neither the landlord nor the tenant attends the hearing, the application may be dismissed. This means the case will not proceed, and no orders will be made regarding the application.
I missed my hearing and an order was made against me. What can I do?
The excerpts do not provide information on what steps can be taken after an order has been made due to non-attendance. You should seek legal advice from a qualified lawyer to understand your options, which may include applying for a rehearing or review of the decision.