Published tribunal order
Tenancy Tribunal case 5278241 — Rent arrears at Unit/Flat Flat 3, 43 Seddon Road, Frankton, Hamilton 3204
Decided 23 Sept 2025 · Published 23 Sept 2025 · Application 5278241
- Rent arrears
Order
- The application for rehearing is granted as it pertains to the replacement cost of a recycling bin only.
- The applicant agrees the cost of the recycling bin can be removed by agreement.
- The Tribunal order issued on 16 July 2025 is therefore revoked and replaced to this extent only, it is confirmed as correct in every other respect as set out below:
Reasons
- Only the landlord attended the hearing.
- The tenant who applied for the rehearing did not answer repeated calls to his cell phone.
- The Tribunal granted a rehearing of the order issued on 16/7/2025, on the basis that the order made with respect to the recycling bin may not be correct.
- The landlord agreed, in the interests of expediency that the amount awarded of $124.50 to replace the bin could be removed by agreement.
- I am therefore satisfied that a miscarriage of justice may have occurred and the rehearing is granted by consent. See section 105 Residential Tenancies Act 1986.
- This order is therefore made amending the Order issued on 16 July 2025 to the extent that the cost of replacing the recycling bin is disallowed and removed.
- The landlord confirmed that the full bond has subsequently been released to the landlord, so this amendment is included.
- The landlord also confirmed that the tenant has made two payments of $30 (10/9 and 17/9) pursuant to an attachment order, so $60 is deducted to account for this.
- The landlord confirmed it is likely to make a further claim for compensation and additional rent until the tenant vacated. That application will be served on the tenant once it is filed and before a new hearing takes place to consider those claims.