Tenantcheck Insights

Tenantcheck Insights · Case study

Tenancy Tribunal case 4604609 — Leaks at 31 Creamer Avenue, Belmont, Auckland 0622

Decided 15 Jan 2024 · Published 15 Jan 2024 · Application 4604609

Leaks

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

J Yi

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4604609 — Leaks at 31 Creamer Avenue, Belmont, Auckland 0622

Decided 15 Jan 2024 · Published 15 Jan 2024 · Application 4604609

Leaks

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

J Yi

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

The application for rehearing is dismissed.

Reasons

Both parties attended the hearing to consider an application for a rehearing.
On 21 August 2023, the Tribunal made an order for the landlord to pay the tenant $750.00 for a leaking ceiling.
On the same day, the landlord applied for a rehearing on the grounds that the landlord was not given an opportunity to fully provide details regarding the leaking ceiling.
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.
At the hearing today, the landlord reconsidered their position and withdrew the application for the rehearing.
Therefore, the application for rehearing is dismissed.
The original order from 21 st August 2023 stands.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Leaks Auckland

Residential Tenancies Act sections

s105(1)

Key findings

Dispute theme: leaks

Property management

HOME365 PROPERTY MANAGEMENT LIMITED as agent for Jun, Lily Zhi (respondent)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4604609 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4604609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4604609?

The primary dispute was Leaks.

Where can I read the official tribunal order for case 4604609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835788-Tribunal_Order.pdf.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

The application for rehearing is dismissed.

Reasons

Both parties attended the hearing to consider an application for a rehearing.
On 21 August 2023, the Tribunal made an order for the landlord to pay the tenant $750.00 for a leaking ceiling.
On the same day, the landlord applied for a rehearing on the grounds that the landlord was not given an opportunity to fully provide details regarding the leaking ceiling.
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.
At the hearing today, the landlord reconsidered their position and withdrew the application for the rehearing.
Therefore, the application for rehearing is dismissed.
The original order from 21 st August 2023 stands.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Leaks Auckland

Residential Tenancies Act sections

s105(1)

Key findings

Dispute theme: leaks

Property management

HOME365 PROPERTY MANAGEMENT LIMITED as agent for Jun, Lily Zhi (respondent)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4604609 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4604609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4604609?

The primary dispute was Leaks.

Where can I read the official tribunal order for case 4604609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9835788-Tribunal_Order.pdf.