What was Tenancy Tribunal case 5233451 about?

The tribunal order states: dated 23 September 2025 stands.

How much money was awarded in case 5233451?

The reconciled net award was $221.37.

What type of tenancy dispute was case 5233451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5233451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12697028-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5233451 about?

The tribunal order states: dated 23 September 2025 stands.

How much money was awarded in case 5233451?

The reconciled net award was $221.37.

What type of tenancy dispute was case 5233451?

The dispute type was not classified.

Where can I read the official tribunal order for case 5233451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12697028-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 19 Dallas Street, Riccarton, Christchurch 8041 Tenancy Tribunal Case 5233451 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 23 September 2025 the Tribunal made an order for payment of the bond to the tenants and for the landlord to pay the tenants the sum of $221.37 for reimbursement of costs to rent LPG gas bottles. The landlord, Mr Ma, did not attend that hearing. Ms Sophie Chen attended purporting to represent Mr Ma but there was no application from Mr Ma for representation. Attempts were made to phone Mr Ma but the call went to voicemail.

On 29 September 2025, Mr Ma applied for a rehearing. He said that he did not attend the hearing because he was unavailable at that time, and he was not involved in “property rentals things”.

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. 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?

I am not satisfied that Mr Ma has established the grounds for a rehearing. Not being available at the time of the hearing or not being familiar with tenancy matters is not sufficient reason to not attend the hearing.

Moreover, even if he had attended, the outcome would have been the same. Mr Ma had not filed his own Tribunal application for costs and therefore the tenants are entitled to payment of the bond in full (as explained in my 23 September order). The tenants are entitled to a refund of the amount paid for gas bottle rental because the law (section 39(3) of the Residential Tenancies Act 1986) provides that they are not liable for the cost of any services required to provide an outgoing (such as gas) to the premises. Thus, any evidence that Mr Ma may have given in defence of these claims would not have hanged the decision.

The application for rehearing is therefore dismissed.

Reasons

Both parties attended the hearing.

On 29 September 2025, Mr Ma applied for a rehearing. He said that he did not attend the hearing because he was unavailable at that time, and he was not involved in “property rentals things”.

Has a substantial wrong or miscarriage of justice occurred?

The application for rehearing is therefore dismissed.

Tenancy Tribunal case 5233451 — Tenancy dispute at Unit/Flat 2, 19 Dallas Street, Riccarton, Christchurch 8041

At a glance

Award balance

Tenancy Tribunal case 5233451 — Tenancy dispute at Unit/Flat 2, 19 Dallas Street, Riccarton, Christchurch 8041

At a glance

Award balance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions