What was the outcome of Tenancy Tribunal case 5024709?

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

How much money was awarded in case 5024709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190029-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5024709?

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

How much money was awarded in case 5024709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190029-Tribunal_Order.pdf.

15A Reeves Close, Fairview Downs, Hamilton 3214 Tenancy Tribunal Case 5024709 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Both parties attended the hearing to consider the rehearing application filed by the tenant.

On 14 October 2024, the Tribunal terminated the tenancy on grounds of rent arrears. The tenant had missed calls from the Tribunal at the time and hence she did not attend the phone hearing.

The tenant provided an explanation for why she fell into rent arrears, which she attributed to her partner’s personal issues and his missed rent payments.

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?

The tenant failed to establish the grounds for a rehearing.

While an explanation has been provided on why she fell into arrears, the fact remains that there is substantial rent arrears which is not disputed by the tenant.

There was ultimately no material and no evidence which could have affected the outcome of the original hearing that the tenant missed.

For those reasons, the rehearing application must fail.

The tenant has since vacated the premises after enforcement of possession proceedings had been initiated by the landlord.

Reasons

Both parties attended the hearing to consider the rehearing application filed by the tenant.

On 14 October 2024, the Tribunal terminated the tenancy on grounds of rent arrears. The tenant had missed calls from the Tribunal at the time and hence she did not attend the phone hearing.

The tenant provided an explanation for why she fell into rent arrears, which she attributed to her partner’s personal issues and his missed rent payments.

Has a substantial wrong or miscarriage of justice occurred?

The tenant failed to establish the grounds for a rehearing.

While an explanation has been provided on why she fell into arrears, the fact remains that there is substantial rent arrears which is not disputed by the tenant.

There was ultimately no material and no evidence which could have affected the outcome of the original hearing that the tenant missed.

For those reasons, the rehearing application must fail.

The tenant has since vacated the premises after enforcement of possession proceedings had been initiated by the landlord.

Tenancy Tribunal case 5024709 — Rent arrears at 15A Reeves Close, Fairview Downs, Hamilton 3214

At a glance

Tenancy Tribunal case 5024709 — Rent arrears at 15A Reeves Close, Fairview Downs, Hamilton 3214

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions