What was Tenancy Tribunal case 4759640 about?

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

How much money was awarded in case 4759640?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4759640?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4759640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10003984-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4759640 about?

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

How much money was awarded in case 4759640?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4759640?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4759640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10003984-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4759640 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing to consider the rehearing application.

On 30 January 2024 the Tribunal made an order for termination of the tenancy, possession to return to the landlord, rent arrears and the bond.

On 2 February 2024, Jared Terence Smith applied for a rehearing on the grounds that a mediation he anticipated did not occur and there are “unresolved issues regarding the property between the owner and myself”.

This hearing to consider his application was order with a conditional stay, requiring rent to be paid as due. The tenant failed to meet the conditions and the stay has already lapsed. The landlord has not commenced enforcement although available.

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?

Jared Terence Smith has failed to establish the grounds for a rehearing.

Any mediation is a consensual process between the parties. It was clear at the last hearing, and again today, that the landlord did not want any mediation. The history of prior mediation and adjudications was recounted. Progressing this application to an adjudicated hearing was a reasonable step by the landlord.

Any unresolved issues the tenant believes exists need to be raised via a tenant application.

I acknowledge the challenges facing the tenant as outlined by him, however these are not grounds for a rehearing.

I do not find any substantial wrong or miscarriage of justice exists that means a rehearing should be ordered.

The application for a rehearing is dismissed. The tenancy has ended. The tenant needs to leave.

The suppression order per the order of 30 January 2024 continues.

Reasons

Both parties attended the hearing to consider the rehearing application.

On 30 January 2024 the Tribunal made an order for termination of the tenancy, possession to return to the landlord, rent arrears and the bond.

Has a substantial wrong or miscarriage of justice occurred?

Jared Terence Smith has failed to establish the grounds for a rehearing.

Any unresolved issues the tenant believes exists need to be raised via a tenant application.

I acknowledge the challenges facing the tenant as outlined by him, however these are not grounds for a rehearing.

I do not find any substantial wrong or miscarriage of justice exists that means a rehearing should be ordered.

The application for a rehearing is dismissed. The tenancy has ended. The tenant needs to leave.

The suppression order per the order of 30 January 2024 continues.

Tenancy Tribunal case 4759640 — Rent arrears

At a glance

Tenancy Tribunal case 4759640 — Rent arrears

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