What was Tenancy Tribunal case 4939554 about?

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

How much money was awarded in case 4939554?

Agent’S Fee For Attending Hearing –…: $276.00 awarded to landlord; Filing Fee: $250.00 awarded to landlord

What type of tenancy dispute was case 4939554?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827237-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939554 about?

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

How much money was awarded in case 4939554?

Agent’S Fee For Attending Hearing –…: $276.00 awarded to landlord; Filing Fee: $250.00 awarded to landlord

What type of tenancy dispute was case 4939554?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10827237-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4939554 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4939554 — net $526.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
District Court filing fee for enforcement of possession order – to be paid in full by 10 September 2024	$250.00	District Court filing fee for enforcement of possession order – to be paid in full by 10 September 2024
Agent’s fee for attending hearing – to be paid in full by 17 September 2024	$276.00	Agent’s fee for attending hearing – to be paid in full by 17 September 2024
Net award	$526.00
Total payable by Tenant to Landlord	$526.00

Both parties attended the hearing.

The landlord attended by phone and the tenant attended by video conference. The tenant left the hearing two times but returned and agreed to the terms of this order.

On 13 August 2024 the Tribunal made an order for: a. Termination for a breach of the tenant’s obligations (failure to pay rent) and possession. b. Rent arrears. c. Reimbursement of the filing fee.

On 20 August 2024, the tenant applied for a rehearing on the grounds that she had paid the rent arrears, and the hearing should not have proceeded.

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.

I raised at the hearing that I did not consider the tenant had provided grounds to show that a substantial wrong or miscarriage of justice occurred. The tenant had not complied with the 14-day notice for a breach, the rent was in arrears on the hearing date and the tenant had notice of the hearing.

COSTS

During the hearing the tenant sought to withdraw her application for a rehearing on the basis the landlord would not seek to enforce the Order for termination and possession if the tenant paid their costs and disbursements as follows: a. $250.00—to be paid by 10 September 2024 – being the District Court enforcement fee incurred by the landlord on applying for possession. b. $276.00 – to be paid by 17 September 2024- being the agent’s fee incurred by the landlord in respect of the first hearing for this matter.

By consent I have made in order in respect of these costs pursuant to section 102 (2) (d) and (3) (b) as the tenant did not attend the first hearing.

DISMISSAL OF APPLICATION FOR REHEARING

I made it clear to both parties that as the application for a rehearing is being dismissed the order dated 13 August 2024 remains enforceable.

The parties are however free to reach agreements regarding the tenancy continuing.

SUPPRESSION

As this Order is made by consent. I make an order suppressing the parties names.

Claims and awards in Tenancy Tribunal application 4939554 — net $526.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
District Court filing fee for enforcement of possession order – to be paid in full by 10 September 2024	$250.00	District Court filing fee for enforcement of possession order – to be paid in full by 10 September 2024
Agent’s fee for attending hearing – to be paid in full by 17 September 2024	$276.00	Agent’s fee for attending hearing – to be paid in full by 17 September 2024
Net award	$526.00
Total payable by Tenant to Landlord	$526.00

Order

The application for a rehearing is dismissed.
The order date 13 August 2024 is confirmed, and the stay is lifted.
By consent [The respondent/s] must pay [The applicant/s] $526.00 on the dates stipulated, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord attended by phone and the tenant attended by video conference. The tenant left the hearing two times but returned and agreed to the terms of this order.
On 13 August 2024 the Tribunal made an order for: a. Termination for a breach of the tenant’s obligations (failure to pay rent) and possession. b. Rent arrears. c. Reimbursement of the filing fee.
On 20 August 2024, the tenant applied for a rehearing on the grounds that she had paid the rent arrears, and the hearing should not have proceeded.
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.
I raised at the hearing that I did not consider the tenant had provided grounds to show that a substantial wrong or miscarriage of justice occurred. The tenant had not complied with the 14-day notice for a breach, the rent was in arrears on the hearing date and the tenant had notice of the hearing.

COSTS

During the hearing the tenant sought to withdraw her application for a rehearing on the basis the landlord would not seek to enforce the Order for termination and possession if the tenant paid their costs and disbursements as follows: a. $250.00—to be paid by 10 September 2024 – being the District Court enforcement fee incurred by the landlord on applying for possession. b. $276.00 – to be paid by 17 September 2024- being the agent’s fee incurred by the landlord in respect of the first hearing for this matter.
By consent I have made in order in respect of these costs pursuant to section 102 (2) (d) and (3) (b) as the tenant did not attend the first hearing.

DISMISSAL OF APPLICATION FOR REHEARING

I made it clear to both parties that as the application for a rehearing is being dismissed the order dated 13 August 2024 remains enforceable.
The parties are however free to reach agreements regarding the tenancy continuing.

SUPPRESSION

As this Order is made by consent. I make an order suppressing the parties names.

Tenancy Tribunal case 4939554 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4939554 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

COSTS

DISMISSAL OF APPLICATION FOR REHEARING

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

COSTS

DISMISSAL OF APPLICATION FOR REHEARING

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Frequently asked questions