Tenancy Tribunal

[fullom]

What happens if my old tenants don't get their tenancy tribunal hearing papers (sent to address for service but they are nowhere to be seen) ?

[Keys]

As long as the TT sent them to the address for service it is not your problem. Did you file the application within 2 months of the end of the tenancy?

If not, it is your problem.

[fullom]

Yes filed within two months of end of tenancy.

[klauster]

Yes, it is your problem. Tenants on the run don’t reveal their address of residence. The court (bailiff) tries only once to serve papers and then you need to apply for releasing their new address at the District Court.

[skid]

Sounds like its not your problem in terms of winning your hearing ,but might be your problem collecting unless its covered by the bond

[Nice]

Interesting question, I thought wasn't an issue either until I attended a TT hearing this morning . . . .

The papers to the tenant had been returned (I now have a much higher quality tenant !) as 'no forwarding address' so the adjudicator started by telling me she could not hear the case as the tenant had not received the papers. She then read the rest of the detail she had, and realised I had provided on the Lease Agreement an email address as an address for service, so she had to accept the case (which I won uncontested)

So the lessons to be learned . . . .
* Always get an email address as an alternative address for service, and use it on the TT forms
* Perhaps don't return to sender all the mail for the old tenant if they have scarpered

[klauster]

Back to your question, if you (or the tenancy court) can't contact the tenant, business as usual - you pay the bills, no hearing.

[klauster]

adjudicator's call

Just seen this reply - seems to be good news, maybe an appreciated change (but I wouldn’t think so).
All power is in the hand of the adjudicator. I have got few cases - there were no hearings, because of the other parties did not respond.

[Nice]

Just seen this reply - seems to be good news, maybe an appreciated change (but I wouldn’t think so).
All power is in the hand of the adjudicator. I have got few cases - there were no hearings, because of the other parties did not respond.

Lack of response isn't the issue that stops them, it is proof that the documents were not delivered that does ! So if they are 'return to sender', deemed not to have been served; but if email address given works and does not bounce it back to them, then it is deemed to be served and the hearing can go ahead.

[klauster]

In the normal case I file an application (TT, request order of examination, rehearing etc) with the court. The bailiff then comes back saying he couldn’t serve the document and ask for a new (or another) address of service.

With the email address - that is new to me, but I still have doubts as the successful email delivery does not mean the recipient has received (opened) the email. I have seen email accounts not opened for weeks, or months.
In this case I would suggest sending an email with a “delivery” and “read” receipt.

[Nice]

In the normal case I file an application (TT, request order of examination, rehearing etc) with the court. The bailiff then comes back saying he couldn’t serve the document and ask for a new (or another) address of service.

With the email address - that is new to me, but I still have doubts as the successful email delivery does not mean the recipient has received (opened) the email. I have seen email accounts not opened for weeks, or months.
In this case I would suggest sending an email with a “delivery” and “read” receipt.

The email is sent by the Tribunal, the last thing we need is for them to start using that feature. Just because a tenant ignores the email, or any other form of document delivery, does not mean the case should be held up any further.

They don't use the Bailiff to serve documents to attend a Tenancy Tribunal hearing.

[Perry]

In this case I would suggest sending an email with a “delivery” and “read” receipt.

Most e-mail programs ask if the recipient agrees to the sending of
a receipt, that the e-mail has been opened. It is possible to click
"no, don't send."

[Tantalus]

New rules come into force in a few weeks , many will favour the LL, check out the website .. fines-govt-nz-civil-debt... sorry not allowed to post a link. whose dumb idea is that?