What was Tenancy Tribunal case 5241031 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 5241031?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5241031?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5241031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12100253-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5241031 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 5241031?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5241031?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5241031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12100253-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5241031 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing by video conference.

On 12 June 2025 the Tribunal made an order terminating the tenancy and for rent arrears.

On 13 June 2025, the tenant applied for a rehearing on the grounds that he had not been served with notice of the hearing.

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.

In cases where a party seeks a rehearing after they failed to attend the hearing the Tribunal will consider the following factors when deciding whether a rehearing should be granted: Was the tenant's failure to appear excusable; when the tenant became aware of the orders did they move promptly to apply for a rehearing; Is there a defence which ought to be heard; Will the other party suffer irreparable harm if the rehearing is granted.

Should a rehearing be granted?

The tenant applied for a rehearing promptly. However, for the following reasons the tenant has failed to establish the grounds for a rehearing.

I am not entirely persuaded that the tenant did not receive notice of the hearing. While he claims that the email address used for service was no longer valid, he confirmed that his cell phone number was correct. There is evidence that several messages advising the tenant of the hearing were sent by Tenancy Services by way of SMS message to the tenant’s cell phone number. However, even If I’m wrong, there are other compelling reasons for declining the rehearing application.

There was no dispute by the tenant about the rent arrears owed. He acknowledged that he has not paid rent since 27 May 2025 and he has no defence to the arrears claim. He has also not paid any rent since the termination order was made. The landlord provided evidence that the current arrears exceed $6,000.

Given the significant arrears owed; the landlords right to termination of the tenancy when rent is at least 3 weeks in arrears; the tenant’s failure to pay current rent, let alone arrears, the landlord would suffer irreparable damage and prejudice if a rehearing was granted.

In summary, there are no justifiable grounds for a rehearing and the application is dismissed. 12 The original order dated 12 June 2025 remains in force and may be enforced by the landlord immediately.

The landlord is entitled to suppression of his name and identifying details as requested. K Stirling, 10 July 2025

Reasons

Both parties attended the hearing by video conference.

On 12 June 2025 the Tribunal made an order terminating the tenancy and for rent arrears.

On 13 June 2025, the tenant applied for a rehearing on the grounds that he had not been served with notice of the hearing.

Should a rehearing be granted?

The tenant applied for a rehearing promptly. However, for the following reasons the tenant has failed to establish the grounds for a rehearing.

The landlord is entitled to suppression of his name and identifying details as requested. K Stirling, 10 July 2025

Tenancy Tribunal case 5241031 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5241031 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should a rehearing be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Should a rehearing be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions