What was the outcome of Tenancy Tribunal case 4495620?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4495620?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4495620?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4495620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320356-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4495620?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4495620?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4495620?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4495620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320356-Tribunal_Order.pdf.

187A Escott Road, Dairy Flat, RD 4, Dairy Flat 0794 Tenancy Tribunal Case 4495620 — Rent arrears

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Reasons

Both parties attended this remote teleconference hearing.

On 23 May 2023 the Tribunal made an order that the tenant; • Pay rent arrears of $911.00. • Incorporated a previous order under TT 4414100 for rent arrears of $35,733.71 • Pay compensation of $690.00 for cleaning.

The tenant applied for a rehearing on the grounds that there was new evidence.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.

The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons the tenant has failed to establish the grounds for a rehearing.

The tenant said that he took photos of the premises at the end of the tenancy which showed that the cleaning claim by the landlord was unjustified.

For new evidence to be considered as a grounds for a rehearing, the evidence must be evidence which was not reasonably available to the tenant at the first hearing. The photos were in existence at the time of the first hearing and would reasonably have been available to the tenant at that time.

The tenant filed a cross claim against the landlord on 6 June 2023 under TT 4592893. That matter will be set down for hearing, but the filing of that cross claim after the order in TT 4495620 was issued on 23 May 2023 is not a ground for a rehearing.

The application for a rehearing on TT 4495620 is dismissed.

Reasons

Both parties attended this remote teleconference hearing.

The tenant applied for a rehearing on the grounds that there was new evidence.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons the tenant has failed to establish the grounds for a rehearing.

The tenant said that he took photos of the premises at the end of the tenancy which showed that the cleaning claim by the landlord was unjustified.

The application for a rehearing on TT 4495620 is dismissed.

Tenancy Tribunal case 4495620 — Rent arrears at 187A Escott Road, Dairy Flat, RD 4, Dairy Flat 0794

At a glance

Tenancy Tribunal case 4495620 — Rent arrears at 187A Escott Road, Dairy Flat, RD 4, Dairy Flat 0794

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions