What was Tenancy Tribunal case 4635889 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4635889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423235-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4635889 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4635889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4635889?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423235-Tenancy_Tribunal_Order.pdf.

Flat 2, 140 B Elizabeth Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4635889 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing which was conducted by telephone. Mr Davis represented the landlord.

On 16 August 2023 the Tribunal made an order for possession and rent arrears against the tenant.

On 16 August 2023 the tenant applied for a rehearing on the grounds that he was not called at the time of the hearing.

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.

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

The tenant did not dispute the possession order or the rent arrears. He said that he stopped paying rent due to the poor condition of the premises and the landlord’s failure to comply with their maintenance and property related obligations.

I explained that the Tribunal cannot deal will such claims unless the tenant makes his own application to the Tribunal. He said that he intends doing so.

I have therefore dismissed the tenant’s rehearing application and the money order made on 16 August stands and is enforceable.

Reasons

Both parties attended the hearing which was conducted by telephone. Mr Davis represented the landlord.

On 16 August 2023 the Tribunal made an order for possession and rent arrears against the tenant.

On 16 August 2023 the tenant applied for a rehearing on the grounds that he was not called at the time of the hearing.

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

I explained that the Tribunal cannot deal will such claims unless the tenant makes his own application to the Tribunal. He said that he intends doing so.

I have therefore dismissed the tenant’s rehearing application and the money order made on 16 August stands and is enforceable.

Tenancy Tribunal case 4635889 — Rent arrears at Flat 2, 140 B Elizabeth Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Tenancy Tribunal case 4635889 — Rent arrears at Flat 2, 140 B Elizabeth Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions