What was the outcome of Tenancy Tribunal case 4758897?

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

How much money was awarded in case 4758897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758897?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4758897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10170878-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4758897?

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

How much money was awarded in case 4758897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758897?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4758897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10170878-Tribunal_Order.pdf.

10B Kamahi Place, Bishopdale, Christchurch 8051 Tenancy Tribunal Case 4758897 — Rent arrears

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Reasons

Only the landlord attended the hearing (by phone) to consider the rehearing application filed by the tenant. The tenant was called but told the Tribunal that he does not wish to engage further with the Tribunal on his rehearing application.

On 12 January 2024, the Tribunal made an order of payment of rent arrears, bond to be refunded to the landlord and the tenancy to be terminated on grounds of substantial rent arrears.

The tenant subsequently applied for a rehearing on the grounds that he was denied the opportunity to prove that the landlord has provided false information given that he could not attend the hearing on 12 January 2024 due to a family bereavement.

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?

By refusing to engage with the Tribunal today to prosecute his rehearing application, the tenant has failed to establish any grounds for a rehearing.

The rent was 7 weeks in arrears when the tenancy was ended pursuant to section 55 Residential Tenancies Act 1986.

The tenant has since vacated the premises in mid January 2024.

There is no evidence provided by the tenant which could have affected the outcome of the hearing granting an order for rent arrears and possession of the premises in favour of the landlord.

There is ultimately nothing before me which justifies the granting of a rehearing.

Reasons

On 12 January 2024, the Tribunal made an order of payment of rent arrears, bond to be refunded to the landlord and the tenancy to be terminated on grounds of substantial rent arrears.

Has a substantial wrong or miscarriage of justice occurred?

By refusing to engage with the Tribunal today to prosecute his rehearing application, the tenant has failed to establish any grounds for a rehearing.

The rent was 7 weeks in arrears when the tenancy was ended pursuant to section 55 Residential Tenancies Act 1986.

The tenant has since vacated the premises in mid January 2024.

There is no evidence provided by the tenant which could have affected the outcome of the hearing granting an order for rent arrears and possession of the premises in favour of the landlord.

There is ultimately nothing before me which justifies the granting of a rehearing.

Tenancy Tribunal case 4758897 — Rent arrears at 10B Kamahi Place, Bishopdale, Christchurch 8051

At a glance

Tenancy Tribunal case 4758897 — Rent arrears at 10B Kamahi Place, Bishopdale, Christchurch 8051

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions