What was the outcome of Tenancy Tribunal case 5177673?

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

How much money was awarded in case 5177673?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5177673?

The dispute type was not classified.

Where can I read the official tribunal order for case 5177673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12414142-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5177673?

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

How much money was awarded in case 5177673?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5177673?

The dispute type was not classified.

Where can I read the official tribunal order for case 5177673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12414142-Tribunal_Order.pdf.

Unit/Flat 2, 2 Bremner Avenue, Mount Roskill, Auckland Tenancy Tribunal Case 5177673 — Tenancy dispute

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Reasons

Both parties attended the hearing.

On 27 June 2025, the Tribunal made an order for rent refund of $35,880.00 for the premises having been an unlawful dwelling. This was an adjustment amount from the previously awarded amount of $59,222.44.

As the landlord had already paid the tenant $59,222.44 in full, the tenant was ordered to refund the landlord $23,342.44 being the difference in the amount awarded.

On 20 March 2025, Ishwar Lal Bhai applied for a rehearing on the grounds that he was suffering from significant financial hardship, there was no special circumstances to justify reduction of the award, the tenant’s conduct should not justify a lowered refund, that the prior Tribunal should have been final and that he suffered from critical health conditions.

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?

Ishwar Lal Bhai failed to show that there had been substantial wrong or miscarriage of justice with the decision from 27 June 2025.

The reasons put forward by him may be something that the District Court can consider as part of an appeal but they fail to establish the grounds for a rehearing.

Therefore, the application for rehearing is dismissed.

Reasons

Both parties attended the hearing.

As the landlord had already paid the tenant $59,222.44 in full, the tenant was ordered to refund the landlord $23,342.44 being the difference in the amount awarded.

Has a substantial wrong or miscarriage of justice occurred?

Ishwar Lal Bhai failed to show that there had been substantial wrong or miscarriage of justice with the decision from 27 June 2025.

The reasons put forward by him may be something that the District Court can consider as part of an appeal but they fail to establish the grounds for a rehearing.

Therefore, the application for rehearing is dismissed.

Tenancy Tribunal case 5177673 — Tenancy dispute at Unit/Flat 2, 2 Bremner Avenue, Mount Roskill, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5177673 — Tenancy dispute at Unit/Flat 2, 2 Bremner Avenue, Mount Roskill, Auckland

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