What was Tenancy Tribunal case 5186561 about?

The tribunal order states: The tenant’s application for rehearing (5186561) is dismissed.

How much money was awarded in case 5186561?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5186561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5186561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12901898-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5186561 about?

The tribunal order states: The tenant’s application for rehearing (5186561) is dismissed.

How much money was awarded in case 5186561?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5186561?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5186561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12901898-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5186561 — Rent arrears

Order

The tenant’s application for rehearing (5186561) is dismissed.

Reasons

Both parties appeared at the rehearing consideration hearing, which was held by phone. Background
This was a long-standing tenancy that began on 16 September 2015. The tenancy ended following an interim Tribunal order for termination dated 13 November 2024, following the landlords’ application in TT 5051213. The Tribunal granted possession to the landlords on 20 November 2024.
At that stage the tenant’s claim (TT 5041709) was adjourned for further hearing and the Tribunal made directions allowing the parties to amend their claims. The landlords then filed a new claim (TT 5186561).
The landlords’ claim (TT 5186561) was filed only shortly before the further allocated hearing, and so in the interests of procedural fairness and to allow the tenant sufficient time to respond, the landlords’ claim was adjourned for further hearing and the tenant’s claim was heard on its own.
The tenant’s claims were dismissed by order dated 4 April 2025. The tenant applied for a rehearing of that order on 12 April 2025 but the tenant’s rehearing application was dismissed by order dated 19 June 2025 (following a rehearing consideration hearing held that day).
The landlords’ claims for rent arrears and rubbish removal were then heard on 7 August 2025 and on that date the Tribunal made orders as follows: The tenant’s rehearing application
On 14 August 2025 the tenant applied for a rehearing of the Tribunal Order dated 7 August 2025 on the grounds that: a. The Tribunal found that the tenant was liable for rent – therefore tenant protections must apply; b. The Tribunal failed to apply RTA sections 62B to disposal of goods; c. The Tribunal gave unequal weight to statements; d. The Tribunal failed to engage with live arguments and evidence; and e. Tribunal failed to consider actual loss to landlord.
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 1 .

Has a substantial wrong or miscarriage of justice occurred?

I have carefully considered the tenant’s written submissions and the submissions made by the tenant and the landlords at the rehearing consideration hearing.
The landlords’ claim was a fairly straight-forward claim for rent arrears and rubbish removal. Both parties were given ample opportunity to present evidence and make submissions at the hearing.
The Tribunal found that the tenant was liable for rent up to the end of the tenancy (based on the evidence submitted by the tenant) and for rubbish removal charges.
The tenant has not identified any issue with the Tribunal’s procedure. All of the grounds advanced are, in essence, that the Tribunal was wrong in its findings of fact or its application of the law.
I note, in addition, that the tenant has also raised issues that were determined in the tenant’s claim. The tenant’s claim has been heard and determined. The tenant did not appeal that decision. The tenant’s application for a rehearing of that claim was dismissed.
The tenant cannot now use the rehearing procedure in an attempt to relitigate his claim.
The tenant has not proved that there are grounds for a rehearing and accordingly the tenant’s application is dismissed.

Order

The tenant’s application for rehearing (5186561) is dismissed.

Reasons

Both parties appeared at the rehearing consideration hearing, which was held by phone. Background
This was a long-standing tenancy that began on 16 September 2015. The tenancy ended following an interim Tribunal order for termination dated 13 November 2024, following the landlords’ application in TT 5051213. The Tribunal granted possession to the landlords on 20 November 2024.
At that stage the tenant’s claim (TT 5041709) was adjourned for further hearing and the Tribunal made directions allowing the parties to amend their claims. The landlords then filed a new claim (TT 5186561).
The landlords’ claim (TT 5186561) was filed only shortly before the further allocated hearing, and so in the interests of procedural fairness and to allow the tenant sufficient time to respond, the landlords’ claim was adjourned for further hearing and the tenant’s claim was heard on its own.
The tenant’s claims were dismissed by order dated 4 April 2025. The tenant applied for a rehearing of that order on 12 April 2025 but the tenant’s rehearing application was dismissed by order dated 19 June 2025 (following a rehearing consideration hearing held that day).
The landlords’ claims for rent arrears and rubbish removal were then heard on 7 August 2025 and on that date the Tribunal made orders as follows: The tenant’s rehearing application
On 14 August 2025 the tenant applied for a rehearing of the Tribunal Order dated 7 August 2025 on the grounds that: a. The Tribunal found that the tenant was liable for rent – therefore tenant protections must apply; b. The Tribunal failed to apply RTA sections 62B to disposal of goods; c. The Tribunal gave unequal weight to statements; d. The Tribunal failed to engage with live arguments and evidence; and e. Tribunal failed to consider actual loss to landlord.
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 1 .

Has a substantial wrong or miscarriage of justice occurred?

I have carefully considered the tenant’s written submissions and the submissions made by the tenant and the landlords at the rehearing consideration hearing.
The landlords’ claim was a fairly straight-forward claim for rent arrears and rubbish removal. Both parties were given ample opportunity to present evidence and make submissions at the hearing.
The Tribunal found that the tenant was liable for rent up to the end of the tenancy (based on the evidence submitted by the tenant) and for rubbish removal charges.
The tenant has not identified any issue with the Tribunal’s procedure. All of the grounds advanced are, in essence, that the Tribunal was wrong in its findings of fact or its application of the law.
I note, in addition, that the tenant has also raised issues that were determined in the tenant’s claim. The tenant’s claim has been heard and determined. The tenant did not appeal that decision. The tenant’s application for a rehearing of that claim was dismissed.
The tenant cannot now use the rehearing procedure in an attempt to relitigate his claim.
The tenant has not proved that there are grounds for a rehearing and accordingly the tenant’s application is dismissed.

Tenancy Tribunal case 5186561 — Rent arrears

At a glance

Tenancy Tribunal case 5186561 — Rent arrears

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