What was Tenancy Tribunal case 4867320 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4867320?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4867320?

The dispute type was not classified.

Where can I read the official tribunal order for case 4867320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491166-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4867320 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4867320?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4867320?

The dispute type was not classified.

Where can I read the official tribunal order for case 4867320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491166-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4867320 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 21 May 2024, the tribunal made an order for possession of the premises in favour of [The landlord/s].

Mr Furter applied for a rehearing on the grounds that: a) He disagreed with the tribunal’s finding that no corroborating evidence was submitted as to pressure or coercion regarding signing the 28-day notice. b) He disagreed with the finding that one week would be adequate to vacate the premises.

At the hearing today, the tenant was given the opportunity to present his submissions as to why there should be a rehearing. He relies on the grounds in his application and other factors, including his submission that he does not consider he has ever stalled for time in his negotiations with the landlord to try and buy the property. He referred to correspondence also referred to in the prior hearing in this regard.

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.

The tenant has failed to establish the grounds for a rehearing. It was clear from his submissions and application that he simply disagrees with the finding and wishes to have another opportunity to argue his case. There is no suggestion of any substantial wrong or miscarriage of justice that may have occurred.

Reasons

Both parties attended the hearing.

On 21 May 2024, the tribunal made an order for possession of the premises in favour of [The landlord/s].

Tenancy Tribunal case 4867320 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4867320 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions