What was Tenancy Tribunal case 4750069 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4750069?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4750069?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4750069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071572-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4750069 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4750069?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4750069?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4750069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071572-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4750069 — Rent arrears

Tenantcheck Insights

Reasons

In 2016 the Tribunal issued an order in favour of the landlord for rent arrears, compensation for damages, and exemplary damages. The tenant did not appear at the hearing, and no application for rehearing under section 105 of the Residential Tenancies Act 1986 (The “Act”), nor was there an appeal lodged with the District Court under section 117 of the Act.

On 06 October 2023, seven years later, the tenant filed an application. The tenant did not raise any substantive claims of their own but sought to challenge the Tribunal’s decision. On 14 November 2023, the Tribunal dismissed the application, stating that the decision of the Tribunal in 2016, subject to provisions regarding rehearings or appeals, was final and binding on the parties. Having failed to exercise their rights to seek a rehearing or lodge an appeal, a party cannot then simply file an application with the Tribunal and seek to relitigate the matter. Despite this, on 29 November 2023, the tenant filed yet another application, this time challenging the decision of the Tribunal on 14 November 2023. No substantive claims have been raised by the tenant who is again seeking to relitigate the original decision.

The tenant has not attended the hearing at the scheduled time or requested an adjournment. The application is dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (The “Act”).

Had the tenant appeared the outcome would have been the same. I have carefully considered the tenant’s application and written submissions. This is not an application for rehearing of either the 2016 decision, which would have been significantly out of time, or the decision of the Tribunal on 14 November 2023. As previously stated, having failed to exercise the rights to seek a rehearing or lodge an appeal, there are no provisions allowing the party concerned to file an application with the Tribunal and seek to relitigate the matter.

On the last occasion, name suppression was granted to both parties. The landlord has been wholly successful and is granted name suppression under section 95A of the Act. Although the tenant has been unsuccessful, I am of the opinion that while the facts and reasoning may be in the public interest, this interest does not necessarily extend to the tenant’s name or address of the property. Accordingly, the tenant’s name is also suppressed.

Reasons

Tenancy Tribunal case 4750069 — Rent arrears

At a glance

Tenancy Tribunal case 4750069 — Rent arrears

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