Tenantcheck Insights · Case study
Tenancy Tribunal case 5305479 — Rent arrears at 25 Trevor McMiken Drive, Patumahoe, Pukekohe 2679
Decided 21 Aug 2025 · Published 21 Aug 2025 · Application 5305479
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
Pukekohe
Tribunal region
Adjudicator
G Barnett
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The application for rehearing is dismissed.
Reasons
- The landlord appeared by video link. The tenant did not join. Unsuccessful calls were also made to the tenant on the phone number they provided in their application for rehearing.
- On 29 July 2025, the Tribunal made an order terminating the tenancy immediately, rent arrears to 29 July 2025 of $7,407.14, refund of the bond, and reimbursement of the filing fee. The tenant did not attend that hearing.
- On 30 July 2025, the tenant applied for a rehearing on the grounds that the notice of hearing had not contained a video link, and they had been waiting for the Tribunal to call. The tenant also sought a stay of the termination. The rehearing application was set down, and a stay was granted conditional on the tenant making regular rent payments.
- The landlord states that the tenant failed to make regular rent payments and vacated the property on 07 August 2025. The landlord also seeks to add claims for water rates and rent arrears from 29 July 2025 to the end of the tenancy. However, the Tribunal is unable to amend the application, and the landlord must file a fresh application for these claims. Law
- 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. Decision
- The tenant has not appeared. The notices of hearing sent to both parties for this and the previous hearing clearly provided a video link. No other reasons have been advanced. I am not satisfied that a miscarriage of justice has occurred or may occur.
- The tenant’s application for rehearing is dismissed. The stay expired when the tenant failed to make rent payments.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s105(1)
Key findings
- Dispute theme: rent arrears
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5305479 about?
The tribunal order states: The application for rehearing is dismissed.
How much money was awarded in case 5305479?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5305479?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5305479?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12299927-Tribunal_Order.pdf.
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