What was Tenancy Tribunal case 5007205 about?

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

How much money was awarded in case 5007205?

The reconciled net award was $17,300.00.

What type of tenancy dispute was case 5007205?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049888-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5007205 about?

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

How much money was awarded in case 5007205?

The reconciled net award was $17,300.00.

What type of tenancy dispute was case 5007205?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007205?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049888-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5007205 — Rent arrears

Order

The application for rehearing is dismissed.

The stay of proceedings granted 17 October 2024 is lifted.

The tenancy of Kalita Rickerby at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm, Thursday 7 November 2024.

The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Kalita Rickerby must pay [The landlord/s] $14,100.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the phone hearing to hear the application for rehearing.

On 16 October 2024 the Tribunal made an order terminating the tenancy and ordering that the tenant pay the landlord rent arrears.

On 17 October 2024, Kalita Rickerby applied for a rehearing on the grounds that she did not receive notice of the time and date of the hearing on 16 October 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”.

For a rehearing to be granted, the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure. 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?

For the following reasons Kalita Rickerby has failed to establish the grounds for a rehearing.

In her application for a rehearing, Ms Rickerby supplied an email address as her address for service, and also provided her mobile number.

The email address she provided in her application for rehearing is the same email address to which the original notice of hearing was sent on 18 September 2024 advising her of the video hearing on 16 October 2024 at 3:30pm. Ms Rickerby confirmed she did receive the notice of hearing, but that it went to her “junk mail” so she says she did not see it in time.

The mobile number supplied in Ms Rickerby’s application for rehearing is the same mobile number to which two reminders of the hearing on 16 October 2024 were sent, the first on 14 October 2024 at 7:00am, and the second on 16 October 2024 at 7:00am. I attempted to call the same number on the day of the hearing, but the call went to voicemail. Ms Rickerby says she was in a meeting with her child’s teacher at the time of the hearing.

I used the same mobile number today to contact Ms Rickerby for her to attend the hearing to consider a rehearing. Ms Rickerby stated she did not challenge the landlord’s claims that she owed rent arrears but said she applied for the rehearing because she just needed more time.

[The landlord/s] stated Ms Rickerby has not paid rent since the stay of proceedings was issued on 17 October 2024.

If further rent arrears have accrued since the decision was issued on 16 October 2024, and the parties are unable to reach agreement between themselves regarding payment of any rent arrears accrued after 17 October 2024, the landlord will need to make a new application to the Tenancy Tribunal.

Order

The application for rehearing is dismissed.
The stay of proceedings granted 17 October 2024 is lifted.
The tenancy of Kalita Rickerby at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm, Thursday 7 November 2024.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Kalita Rickerby must pay [The landlord/s] $14,100.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the phone hearing to hear the application for rehearing.
On 16 October 2024 the Tribunal made an order terminating the tenancy and ordering that the tenant pay the landlord rent arrears.
On 17 October 2024, Kalita Rickerby applied for a rehearing on the grounds that she did not receive notice of the time and date of the hearing on 16 October 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”.
For a rehearing to be granted, the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure. 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?

For the following reasons Kalita Rickerby has failed to establish the grounds for a rehearing.
In her application for a rehearing, Ms Rickerby supplied an email address as her address for service, and also provided her mobile number.
The email address she provided in her application for rehearing is the same email address to which the original notice of hearing was sent on 18 September 2024 advising her of the video hearing on 16 October 2024 at 3:30pm. Ms Rickerby confirmed she did receive the notice of hearing, but that it went to her “junk mail” so she says she did not see it in time.
The mobile number supplied in Ms Rickerby’s application for rehearing is the same mobile number to which two reminders of the hearing on 16 October 2024 were sent, the first on 14 October 2024 at 7:00am, and the second on 16 October 2024 at 7:00am. I attempted to call the same number on the day of the hearing, but the call went to voicemail. Ms Rickerby says she was in a meeting with her child’s teacher at the time of the hearing.
I used the same mobile number today to contact Ms Rickerby for her to attend the hearing to consider a rehearing. Ms Rickerby stated she did not challenge the landlord’s claims that she owed rent arrears but said she applied for the rehearing because she just needed more time.
[The landlord/s] stated Ms Rickerby has not paid rent since the stay of proceedings was issued on 17 October 2024.
If further rent arrears have accrued since the decision was issued on 16 October 2024, and the parties are unable to reach agreement between themselves regarding payment of any rent arrears accrued after 17 October 2024, the landlord will need to make a new application to the Tenancy Tribunal.

Tenancy Tribunal case 5007205 — Rent arrears

At a glance

Tenancy Tribunal case 5007205 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions