What was Tenancy Tribunal case 5015648 about?

The tribunal order states: The application for rehearing is dismissed and the order of 15 October 2024,

How much money was awarded in case 5015648?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5015648?

The dispute type was not classified.

Where can I read the official tribunal order for case 5015648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11038038-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5015648 about?

The tribunal order states: The application for rehearing is dismissed and the order of 15 October 2024,

How much money was awarded in case 5015648?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5015648?

The dispute type was not classified.

Where can I read the official tribunal order for case 5015648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11038038-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5015648 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 15 October 2024 the Tribunal made an order dismissing the tenant’s application to set aside a 90 day termination notice, and in the alternative for damages.

On 18 October 2024, the tenant applied for a rehearing on the grounds that an issue brought up by the landlord at the hearing, that the renovations which the 90 day notice cited, were scheduled due to the potential sale of the property, was an issue relevant to the decision. She says she was not aware this would be an issue and was not given the opportunity to prepare accordingly.

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?

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

The potential sale was not a decisive factor in the decision. Rather the question was whether the landlord’s was taking steps to carry out the renovations referred to in the 90 day notice. I was satisfied that he was taking steps. That the renovations were motivated by the desire to sell was a background issue. The landlord’s motivation for a step being taken under s51(2)(f) RTA.

Furthermore, the tenant admitted that she was aware of the potential sale, had spoken to the potential purchaser, and advised that the property had been marketed for a number of years. There was no prejudice to her in the issue being brought up during the substantive hearing.

Reasons

Both parties attended the hearing.

On 15 October 2024 the Tribunal made an order dismissing the tenant’s application to set aside a 90 day termination notice, and in the alternative for damages.

Has a substantial wrong or miscarriage of justice occurred?

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

Tenancy Tribunal case 5015648 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5015648 — Tenancy dispute

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