What was Tenancy Tribunal case 4726272 about?

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

How much money was awarded in case 4726272?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4726272?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4726272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10020030-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4726272 about?

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

How much money was awarded in case 4726272?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4726272?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4726272?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10020030-Tribunal_Order_Redacted.pdf.

Unit/Flat 27, 150 Carlyle Street, Napier South, Napier 4110 Tenancy Tribunal Case 4726272 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 19 December 2023 the Tribunal made an Order for termination of the tenancy for rent arrears.

On 22 December 2023, Shane Hamlin applied for a rehearing on the grounds that he did not receive a phone call from the Tribunal for 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 Shane Hamlin has failed to establish the grounds for a rehearing.

Mr. Hamlin accepts that he was served with two Notices of the hearing from Tenancy Services and that he had a meeting with the landlord the week before the hearing to discuss the issues.

Mr Hamlin had changed his phone number and had not updated it with the landlord nor advised Tenancy Services of his new number, despite knowing that the number was wrong on the Notices from Tenancy Services. Attached to any Notice from Tenancy Services are instructions on preparation for the hearing and ensuring that the contact details were up to date for the hearing. Mr Hamlin accepts that this was attached to the Notices but took no steps to advise anyone of the new number.

The landlord expressed the view that communication has been an ongoing issue throughout the tenancy and saw this as another attempt at stalling termination.

The tenant took no steps to attend the hearing on 19 th December 2023 and was fully aware of the hearing.

The tenant has not remedied the rent arrears.

The tenant has not been successful with his rehearing application.

I do not find that there has been any miscarriage of justice and my Order dated 19 December 2023 stands.

Reasons

Both parties attended the hearing.

On 19 December 2023 the Tribunal made an Order for termination of the tenancy for rent arrears.

On 22 December 2023, Shane Hamlin applied for a rehearing on the grounds that he did not receive a phone call from the Tribunal for the hearing.

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

Mr. Hamlin accepts that he was served with two Notices of the hearing from Tenancy Services and that he had a meeting with the landlord the week before the hearing to discuss the issues.

The landlord expressed the view that communication has been an ongoing issue throughout the tenancy and saw this as another attempt at stalling termination.

The tenant took no steps to attend the hearing on 19 th December 2023 and was fully aware of the hearing.

The tenant has not remedied the rent arrears.

The tenant has not been successful with his rehearing application.

I do not find that there has been any miscarriage of justice and my Order dated 19 December 2023 stands.

Tenancy Tribunal case 4726272 — Rent arrears at Unit/Flat 27, 150 Carlyle Street, Napier South, Napier 4110

At a glance

Tenancy Tribunal case 4726272 — Rent arrears at Unit/Flat 27, 150 Carlyle Street, Napier South, Napier 4110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions