I am trying to submit papers to take a ex tenant of mine to the tenancy tribunal I have sent off my application along

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Customer: I am trying to submit papers to take a ex tenant of mine to the tenancy tribunal I have sent off my application along with receipts of damage repairs and a rent summary of unpaid rent but I am unable to get a forwarding address for our ex tenants I have a paper server trying to track them down but havent had any luck yet will this prevent us from having a hearing I would assume the bond people have received another bond form from their new landlords so the bond people would have their new contact address from that surely
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oratia West Auckland
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes carpets to be cleaned every 2 years or on termination same with DVS filters Same with water filters and we are claiming damages caused by them which was sheer distruction and carelessness
JA: Anything else you want the Lawyer to know before I connect you?
Customer: How we can track down there address and how we can proceed
Answered by Chris The Lawyer in 2 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

It may be difficult to get the address details from Tenancy Services, because they would say that there was a privacy issue. But getting a process server to serve the papers might be useful to track them down. It is more difficult to hide these days since people use social media so much and a good process server should be able to find them

Customer
I have one acting for us at the moment but he has not had any success so far
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Chris The Lawyer, Expert

If you’re a landlord applying to the Tribunal after the tenancy has ended

If the tenancy ended less than 2 months ago, you can either:

  • use the tenancy address
  • use the address for service written on the tenancy agreement.

If the tenancy ended more than 2 months ago you can’t use the address for service listed on the agreement. Instead, list one of the following:

  • a new contact address for the tenant. This must be given to you in writing by the tenant in the 2 months before you made the Tribunal application.
  • a physical address where the tenant now lives, or where notice can be served on the tenant personally. This could include a workplace.
  • the name and address of a solicitor or an agent that the tenant has authorised to receive notices on their behalf.

If you don’t have their address for service

You can apply for substituted service, which serves the notice in other ways. Substituted service can serve the notice to the other party through:

You can apply for substituted service if:

  • you can’t find the other party’s address for service
  • you have evidence that the notice wasn’t received.

If you have contact details for family members, include these in your application. Also note in the application what you’ve done to try to find an address for service.

Customer
They moved out in March and because of Covid19 we have had to wait to be able to go ahead was not our fault for the delay
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Chris The Lawyer, Expert

You may need to apply for substituted service as outlined, and get an order ffro payment that way

Customer
okay will look into that on Monday we live down a r.o.w and one of the house owners down our drive are his parents can we have the papers served to them
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Chris The Lawyer, Expert

That would likely be acceptable to the Tribunal

Customer
okay I will phone them Monday and ask them if that would be acceptable
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Chris The Lawyer, Expert

OK, that should be the next step

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