What was the outcome of Tenancy Tribunal case 4908070?

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

How much money was awarded in case 4908070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4908070?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867895-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4908070?

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

How much money was awarded in case 4908070?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4908070?

The dispute type was not classified.

Where can I read the official tribunal order for case 4908070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867895-Tribunal_Order.pdf.

3 Queenspark Drive, Parklands, Christchurch 8083 Tenancy Tribunal Case 4908070 — Tenancy dispute

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Reasons

Both parties attended the hearing, conducted via teleconference.

On 30 July 2024 the Tribunal made an order for possession to return to the landlord after a valid notice to terminate.

On 31 July 2024, Lee Munro applied for a rehearing on the grounds that “there was a lack of attention/evidence brought forward by both parties” and there “was a number of key facts that were not raised by myself in my defence”.

A hearing to consider the rehearing application was set down and a stay on proceeding ordered.

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?

Lee Munro has failed to establish the grounds for a rehearing.

The landlord notice to terminate was made per s 53B RTA and the order of 30 July went into some detail on that section.

The tenant expressed again at this rehearing hearing the challenges he faces in caring for his son. This is again acknowledged but such challenges do not provide a defence against a valid notice and grounds as served by the landlord in this matter.

The tenant advised he has now moved out. This makes any rehearing moot. Lee expects to have completed the last of the move out tasks within a week or so. This is something best managed between him and the landlord.

The application for a rehearing is dismissed.

Reasons

Both parties attended the hearing, conducted via teleconference.

On 30 July 2024 the Tribunal made an order for possession to return to the landlord after a valid notice to terminate.

A hearing to consider the rehearing application was set down and a stay on proceeding ordered.

Has a substantial wrong or miscarriage of justice occurred?

Lee Munro has failed to establish the grounds for a rehearing.

The landlord notice to terminate was made per s 53B RTA and the order of 30 July went into some detail on that section.

The application for a rehearing is dismissed.

Tenancy Tribunal case 4908070 — Tenancy dispute at 3 Queenspark Drive, Parklands, Christchurch 8083

At a glance

Claims & awards

Tenancy Tribunal case 4908070 — Tenancy dispute at 3 Queenspark Drive, Parklands, Christchurch 8083

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions