What was Tenancy Tribunal case 5278741 about?

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

How much money was awarded in case 5278741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5278741?

The dispute type was not classified.

Where can I read the official tribunal order for case 5278741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12618195-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5278741 about?

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

How much money was awarded in case 5278741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5278741?

The dispute type was not classified.

Where can I read the official tribunal order for case 5278741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12618195-Tribunal_Order.pdf.

23A Tuhoe Avenue, Whakatane, Whakatane 3120 Tenancy Tribunal Case 5278741 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. The tenant has made a claim for rehearing (5278741 & 5280902) and the landlord has made a claim for damages (5348149).

On 1 August 2025, the Tribunal made an order granting possession of the premises to the landlord at 5.00pm on Thursday 7 August 2025. The bond of $2,200.00 was to remain at the Bond Centre pending the final inspection and the tenant’s claim for refund of the bond was dismissed.

On 7 August 2025, the tenant applied for a rehearing on the grounds that she was unwell at the date of the original hearing, and she needed more time to find alternative accommodation and vacate the premises.

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?

I find that the tenant has failed to establish the grounds for a rehearing. I acknowledge that the tenant sent an email to the Tribunal on the morning of the hearing stating that she was ill, but she has not provided any evidence in support.

In any event, the tenant confirmed that she is moving out today so the rehearing is no longer required. Landlord’s claim for damages

As discussed at the hearing, the landlord’s claim for damages is premature because the tenant must be given fair opportunity to leave the premises in a reasonably clean and tidy state, and to make good any damages.

The landlord’s claim is withdrawn without prejudice which means that it may revisited in the future if required.

Reasons

Both parties attended the hearing. The tenant has made a claim for rehearing (5278741 & 5280902) and the landlord has made a claim for damages (5348149).

Has a substantial wrong or miscarriage of justice occurred?

In any event, the tenant confirmed that she is moving out today so the rehearing is no longer required. Landlord’s claim for damages

The landlord’s claim is withdrawn without prejudice which means that it may revisited in the future if required.

Tenancy Tribunal case 5278741 — Tenancy dispute at 23A Tuhoe Avenue, Whakatane, Whakatane 3120

At a glance

Claims & awards

Tenancy Tribunal case 5278741 — Tenancy dispute at 23A Tuhoe Avenue, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.