What was Tenancy Tribunal case 4660974 about?

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

How much money was awarded in case 4660974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660974?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4660974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108073-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4660974 about?

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

How much money was awarded in case 4660974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660974?

The primary dispute was Mould & damp.

Where can I read the official tribunal order for case 4660974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10108073-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4660974 — Mould & damp

Tenantcheck Insights

Reasons

All parties attended the hearing which took place by way of teleconference.

An oral decision was given at the hearing.

On 11 December 2023 the Tribunal made an order that the landlord pay the tenants compensation in the sum of $6120.44 being compensation for failure to address mould issues and reimbursement of the filing fee.

On or about 22 December 2023 the landlord applied for a rehearing on the grounds that the amount had been overestimated and wrong findings.

The landlord advised today that the tenants have been paid the compensation, but a rehearing is sought.

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 landlord has failed to establish the grounds for a rehearing. (a)The application for rehearing was filed out of time. (b)The landlord has filed further evidence, but this evidence was largely already filed prior to the previous hearing or was reasonably available prior to the previous hearing. (c)The landlord’s claim is mainly that the Tribunal was wrong in its findings. That is a matter for an appeal.

The application for rehearing is dismissed.

Reasons

All parties attended the hearing which took place by way of teleconference.

An oral decision was given at the hearing.

On or about 22 December 2023 the landlord applied for a rehearing on the grounds that the amount had been overestimated and wrong findings.

The landlord advised today that the tenants have been paid the compensation, but a rehearing is sought.

Has a substantial wrong or miscarriage of justice occurred?

The application for rehearing is dismissed.

Tenancy Tribunal case 4660974 — Mould & damp

At a glance

Tenancy Tribunal case 4660974 — Mould & damp

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