What was Tenancy Tribunal case 5207031 about?

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

How much money was awarded in case 5207031?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5207031?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5207031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12201427-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5207031 about?

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

How much money was awarded in case 5207031?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5207031?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5207031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12201427-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5207031 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 6 June 2025 the Tribunal made an order for rent arrears and termination of tenancy.

On the same date, the tenant applied for a rehearing on the grounds that: a. They were unable to attend the hearing. b. The house had been on the market, and she was advised she would receive money once it was sold as compensation for open homes. c. She was vacating the property on 3 July 2025.

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: a. The tenant has not shown that anything went wrong with the Tribunal’s procedure. b. There is no new evidence that is available that could have affected the outcome. c. The dispute around receiving money after the house was sold was not considered at the hearing, or the Tribunal’s decision and there was no cross application filed by the tenant in respect of the issue. It instead appears to be a separate matter. As a result, it is not grounds for a rehearing. The tenant is not prevented from filing a separate claim with the Tribunal. d. Even if the matters under 7c. above had been considered, the value in dispute would not have affected the outcome. e. The fact that the tenant was intending to vacate the property on 3 July 2025 is not relevant to the claims that were determined.

I am satisfied that a substantial wrong or miscarriage of justice has not or is not likely to have occurred.

The application for rehearing is dismissed.

The name suppression directed in the Tribunal’s order dated 6 June 2025 is carried across into this order to maintain the integrity of the original order. R Harvey-Lane 01 August 2025

Reasons

Both parties attended the hearing.

On 6 June 2025 the Tribunal made an order for rent arrears and termination of tenancy.

Has a substantial wrong or miscarriage of justice occurred?

I am satisfied that a substantial wrong or miscarriage of justice has not or is not likely to have occurred.

The application for rehearing is dismissed.

The name suppression directed in the Tribunal’s order dated 6 June 2025 is carried across into this order to maintain the integrity of the original order. R Harvey-Lane 01 August 2025

Tenancy Tribunal case 5207031 — Rent arrears

At a glance

Tenancy Tribunal case 5207031 — 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