What was Tenancy Tribunal case 4633329 about?

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

How much money was awarded in case 4633329?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4633329?

The dispute type was not classified.

Where can I read the official tribunal order for case 4633329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019669-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4633329 about?

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

How much money was awarded in case 4633329?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4633329?

The dispute type was not classified.

Where can I read the official tribunal order for case 4633329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10019669-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 14, 2 Greensboro Street, Hamilton East, Tenancy Tribunal Case 4633329 — Tenancy dispute

Reasons

C & C Associates Limited has applied for a rehearing of the Tribunal order dated 15 December 2023.

A “rehearing” is a new hearing of some or all applications. Evidence is heard again from the start in front of a new Adjudicator. A new decision is then made by the new Adjudicator.

[The applicant/s] and HK (for C & C Associates Limited) attended a telephone hearing on 23 February 2024. The purpose of this hearing was to give both parties an opportunity to give their views as to whether a rehearing should be granted.

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.

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. If a party disagrees with a decision of the Tribunal, they can file an appeal to the District Court.

Why does the landlord seek a rehearing?

HK said that the landlord seeks a rehearing because:- a. My order of 15 December 2023 is wrong and unfair. b. The landlord could have brought evidence from neighbouring tenants to the original hearing but did not know that it should do this. c. HK considers that I was biased and favoured the tenant during the hearing and in my decision.

[The applicant/s] does not agree with the landlord’s view and does not want a rehearing. The application for rehearing is dismissed

HK expressed her views strongly. I listened to her. I also listened to the tenant.

I have not granted a rehearing. My reasons are:- a. A party who considers that a Tenancy Tribunal decision is wrong or unfair has the right to appeal to the District Court. This is the purpose of having a tiered justice system. The landlord has not filed an appeal. b. The legal system works on the basis of every party preparing and bringing their best evidence. The Tribunal does not advocate or tell them how to present their case. The landlord chose not to bring other tenants as witnesses. I made my decision on the evidence that was presented. A rehearing will not be granted simply to give a party another chance to present their case. c. HK says that I did not like her, favoured the tenant, and that the landlord did not have a fair chance to tell their side of things. I am satisfied that I fairly considered all evidence and made an unbiased written decision on the claims. However, the perception of bias can be a reason to grant a rehearing.

I made a written direction after the telephone hearing allowing the landlord until 10:00am on 26 February 2024 to confirm in writing that it does require a new hearing of all the applications in front of a new Adjudicator.

The landlord has not contacted the Tribunal. Accordingly, the application for a rehearing is dismissed.

Order

The application for rehearing is dismissed.
The stay of proceedings is removed. The order dated 15 December 2023 is now in effect and can be enforced.

Reasons

C & C Associates Limited has applied for a rehearing of the Tribunal order dated 15 December 2023.
A “rehearing” is a new hearing of some or all applications. Evidence is heard again from the start in front of a new Adjudicator. A new decision is then made by the new Adjudicator.
[The applicant/s] and HK (for C & C Associates Limited) attended a telephone hearing on 23 February 2024. The purpose of this hearing was to give both parties an opportunity to give their views as to whether a rehearing should be granted.
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.
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. If a party disagrees with a decision of the Tribunal, they can file an appeal to the District Court.

Why does the landlord seek a rehearing?

HK said that the landlord seeks a rehearing because:- a. My order of 15 December 2023 is wrong and unfair. b. The landlord could have brought evidence from neighbouring tenants to the original hearing but did not know that it should do this. c. HK considers that I was biased and favoured the tenant during the hearing and in my decision.
[The applicant/s] does not agree with the landlord’s view and does not want a rehearing. The application for rehearing is dismissed
HK expressed her views strongly. I listened to her. I also listened to the tenant.
I have not granted a rehearing. My reasons are:- a. A party who considers that a Tenancy Tribunal decision is wrong or unfair has the right to appeal to the District Court. This is the purpose of having a tiered justice system. The landlord has not filed an appeal. b. The legal system works on the basis of every party preparing and bringing their best evidence. The Tribunal does not advocate or tell them how to present their case. The landlord chose not to bring other tenants as witnesses. I made my decision on the evidence that was presented. A rehearing will not be granted simply to give a party another chance to present their case. c. HK says that I did not like her, favoured the tenant, and that the landlord did not have a fair chance to tell their side of things. I am satisfied that I fairly considered all evidence and made an unbiased written decision on the claims. However, the perception of bias can be a reason to grant a rehearing.
I made a written direction after the telephone hearing allowing the landlord until 10:00am on 26 February 2024 to confirm in writing that it does require a new hearing of all the applications in front of a new Adjudicator.
The landlord has not contacted the Tribunal. Accordingly, the application for a rehearing is dismissed.

Tenancy Tribunal case 4633329 — Tenancy dispute at Unit/Flat Unit 14, 2 Greensboro Street, Hamilton East,

At a glance

Claims & awards

Tenancy Tribunal case 4633329 — Tenancy dispute at Unit/Flat Unit 14, 2 Greensboro Street, Hamilton East,

At a glance

Claims & awards

Order

Reasons

Why does the landlord seek a rehearing?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Why does the landlord seek a rehearing?

Topics & place

Residential Tenancies Act sections

Frequently asked questions