What was Tenancy Tribunal case 5043434 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5043434?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5043434?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5043434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644397-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5043434 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5043434?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5043434?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5043434?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644397-Tribunal_Order_Redacted.pdf.

295 Sandwich Road, Saint Andrews, Hamilton 3200 Tenancy Tribunal Case 5043434 — State of repair

Reasons

Both parties attended the hearing.

On 15 February 2025 the Tribunal made an order for compensation and exemplary damages for breaches of s.45(1)(b),(ba), (bb),(c) of the RTA and failure to appoint an agent.

On 20 February 2025,Jun Koh applied for a rehearing on the grounds that: a) He is suffering financial hardship because he is paying for a relative’s medical costs, b) He has already paid $3700.00 by way of a rent abatement that this amount should be deducted from the amount ordered for the landlord to pay. c) The tenants had agreed not to make further claims for maintenance when they agreed to the reduction in rent.

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 Jun Koh has failed to establish the grounds for a rehearing. Financial hardship

The tenants, who appeared at the hearing, stated that financial hardship and family illness do not absolve the landlord of their legal requirements under the RTA.I agree with this ,it is acknowledged that the landlord is suffering extra financial strain by helping to pay medical bills and an invoice was provided supporting this. However, a landlord has a responsibility to provide and maintain a premises in a reasonable state of repair, among other things, and must comply with the RTA. Being a landlord is a business and as the tenant must pay rent when due, a landlord must perform their obligations’. The health and safety of the tenants cannot be put to the side. Rent abatement.

Clause 5 and 6 of the original order, recognised the rent reduction had been made after the letter exchange dated 26 July 2024. The rent abatement given by the landlord was considered as part of the compensation awarded. No reduction was made of the total amount ordered to pay after this was considered. Agreement not to make maintenance claims.

The order confirmed in clause 6 that the requirements of the RTA cannot be contracted out of. A tenant cannot waive any rights or powers under the RTA or agree not to make any maintenance claims . See section 11 RTA.

The landlord did not produce any new evidence that would have changed the outcome of the original hearing.

I find that there are no grounds to order a rehearing and the application is dismissed.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The application for rehearing is dismissed.

Reasons

Both parties attended the hearing.
On 15 February 2025 the Tribunal made an order for compensation and exemplary damages for breaches of s.45(1)(b),(ba), (bb),(c) of the RTA and failure to appoint an agent.
On 20 February 2025,Jun Koh applied for a rehearing on the grounds that: a) He is suffering financial hardship because he is paying for a relative’s medical costs, b) He has already paid $3700.00 by way of a rent abatement that this amount should be deducted from the amount ordered for the landlord to pay. c) The tenants had agreed not to make further claims for maintenance when they agreed to the reduction in rent.
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 Jun Koh has failed to establish the grounds for a rehearing. Financial hardship
The tenants, who appeared at the hearing, stated that financial hardship and family illness do not absolve the landlord of their legal requirements under the RTA.I agree with this ,it is acknowledged that the landlord is suffering extra financial strain by helping to pay medical bills and an invoice was provided supporting this. However, a landlord has a responsibility to provide and maintain a premises in a reasonable state of repair, among other things, and must comply with the RTA. Being a landlord is a business and as the tenant must pay rent when due, a landlord must perform their obligations’. The health and safety of the tenants cannot be put to the side. Rent abatement.
Clause 5 and 6 of the original order, recognised the rent reduction had been made after the letter exchange dated 26 July 2024. The rent abatement given by the landlord was considered as part of the compensation awarded. No reduction was made of the total amount ordered to pay after this was considered. Agreement not to make maintenance claims.
The order confirmed in clause 6 that the requirements of the RTA cannot be contracted out of. A tenant cannot waive any rights or powers under the RTA or agree not to make any maintenance claims . See section 11 RTA.
The landlord did not produce any new evidence that would have changed the outcome of the original hearing.
I find that there are no grounds to order a rehearing and the application is dismissed.

Tenancy Tribunal case 5043434 — State of repair at 295 Sandwich Road, Saint Andrews, Hamilton 3200

At a glance

Tenancy Tribunal case 5043434 — State of repair at 295 Sandwich Road, Saint Andrews, Hamilton 3200

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