What was the outcome of Tenancy Tribunal case 4770561?

The tribunal order states: The application for rehearing is refused. The order of the 22 April 2024 stands.

How much money was awarded in case 4770561?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4770561?

The dispute type was not classified.

Where can I read the official tribunal order for case 4770561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10324526-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4770561?

The tribunal order states: The application for rehearing is refused. The order of the 22 April 2024 stands.

How much money was awarded in case 4770561?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4770561?

The dispute type was not classified.

Where can I read the official tribunal order for case 4770561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10324526-Tribunal_Order.pdf.

4A Shoalhaven Street, Paeroa, Paeroa 3600 Tenancy Tribunal Case 4770561 — Tenancy dispute

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Reasons

Both parties attended the hearing held by telephone today.

On 22 April 2024 the Tribunal made an order for termination of the tenancy due to tenant’s invitees causing ongoing damage to the premises.

On 2 May 2024 applied for a rehearing on the grounds that she had not been given notice of the hearing on the 22 April 2024.

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. Even if the tenant can prove that something went wrong, they would have to prove that the wrong is substantial or that a miscarriage of justice is likely to occur.

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?

The tenant says that she received notice of the hearing for the 2 May 2024, but did not receive notice that the hearing date had been brought forward to the 22 April 2024 despite these being sent to the same address for service. The tenant says that did not answer her phone on the 22 April as her son had an accident on that day and she had to take him to hospital.

She accepted at today’s hearing that some further damage such as the window cracking and the graffiti had occurred between the March and April hearings but says that the house looked worse because she was repairing the holes and the previous bogs from other holes made it difficult to repair.

Even if I give the tenant the benefit of the doubt, that she did not receive the notice of hearing for the 22 April 2024, I cannot avoid the fact that further damage occurred between the March and April days, and the totality of the damage is substantial and warrants the termination. The tenant has not provided any defence, apart from the fact that she says she has repaired the damage, but there are no photographs which support her position, and even so, the ongoing nature of the damage is a breach of the tenant’s obligations, that the landlord can and has asked to stop.

I do not consider that the tenant has established that a substantial wrong or a miscarriage of justice is likely to occur by not granting the rehearing and therefore the rehearing is declined.

I acknowledge that the refusal to grant the rehearing will put the tenant in a difficult position, she is due to be evicted on Monday, and tells me that she has no where to go. I hope that the tenant can find the support and accommodation she needs for her family.

Reasons

Both parties attended the hearing held by telephone today.

On 22 April 2024 the Tribunal made an order for termination of the tenancy due to tenant’s invitees causing ongoing damage to the premises.

On 2 May 2024 applied for a rehearing on the grounds that she had not been given notice of the hearing on the 22 April 2024.

Has a substantial wrong or miscarriage of justice occurred?

I do not consider that the tenant has established that a substantial wrong or a miscarriage of justice is likely to occur by not granting the rehearing and therefore the rehearing is declined.

Tenancy Tribunal case 4770561 — Tenancy dispute at 4A Shoalhaven Street, Paeroa, Paeroa 3600

At a glance

Claims & awards

Tenancy Tribunal case 4770561 — Tenancy dispute at 4A Shoalhaven Street, Paeroa, Paeroa 3600

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions