Tenantcheck Insights · Case study
Tenancy Tribunal case 4954213 — Rent arrears
Decided 29 May 2026 · Published 29 May 2026 · Application 4954213
- Rent arrears
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
N Bradley
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders suppression of the landlord’s name and identifying details.
- The application for a rehearing is dismissed.
Reasons
- The landlord attended the hearing.
- The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing commenced at 9.30 am and I waited until 9.54 am for the tenant. The hearing proceeded in their absence.
- On 9 September 2024 the Tribunal made an order for rent arrears, water rates and a conditional termination order. The tenant did not attend the hearing in respect of that order.
- On 15 April 2026 the tenant filed: a. an application for rehearing out of time b. an application for a rehearing, and c. applied for a stay of proceedings, being a tick box on the application form.
- The tenant said in her application for a rehearing that she would like a decision to be made as to whether a rehearing could be granted without another hearing if I considered that appropriate. I considered that a hearing was required, and I directed a further hearing be scheduled and I declined to grant a stay.
- The relevant law is found in the Residential Tenancies Act 1986 (RTA). Section 105 (1) RTA says the Tribunal shall in all proceedings have the power to order a rehearing of the whole or any part of the proceedings on the ground that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Section 105(2) RTA provides that applications for rehearing must be filed within 5 working days of the date of the order. The purpose of this time limit is to ensure finality of Tenancy Tribunal orders and certainty of the position from the point of view of both parties. Section 105(2) RTA also allows the Tribunal to give further time for the filing of an application for a rehearing. This recognises the rare situation where there may be good grounds for a rehearing application being filed late. The Tribunal will usually consider the following factors: a. Length of the delay. b. Reason for the delay. c. Merits of the application. d. Whether allowing the application will unfairly prejudice the other party. e. The overall interests of justice.
- The tenant has not attended the hearing to address the matters above nor did she request an adjournment. I acknowledge the landlord is not opposed to the application for name suppression for the tenant, however I consider the tenant is required to address the relevant factors set out above, at a hearing, and I am not satisfied I have sufficient information on the documentary evidence provided alone to determine the matter. I am therefore not satisfied that a rehearing should be granted out of time and the application is dismissed. See sections 78(1)(i) and 92(1) RTA.
- The landlord sought name suppression and because I have previously ordered suppression for the landlord in these proceedings that order continues to apply. See s 95A RTA.