What was the outcome of Tenancy Tribunal case 4504689?

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

How much money was awarded in case 4504689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4504689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4504689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9187536-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4504689?

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

How much money was awarded in case 4504689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4504689?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4504689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9187536-Tribunal_Order.pdf.

Unit/Flat 5, 25 Newnham Terrace, Upper Riccarton, Tenancy Tribunal Case 4504689 — Rent arrears

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Reasons

Both parties attended a rehearing hearing.

On 29 May 2023 the Tribunal made orders for compensation and rent arrears.

On 8 June 2023, Mr Marsh applied for a rehearing on the grounds that he disputed the amounts claimed because work was being done at the property during his tenancy and the amounts claimed were too high.

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”. An application must be made within 5 working days after the Tribunal Order, or such further time as the Tribunal allows.

Mr Marsh’s application was made more than 5 working days after the Order dated 29 May 2023. He did not provide a reason for the delay. However, the delay was only 2 days, so I have considered the application.

Usually, the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure. 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?

For the following reasons Mr Marsh has failed to establish the grounds for a rehearing.

Mr Marsh did not attend the hearing of the landlord’s original application on 29 May 2023 and did not apply for an adjournment. At the hearing today, Mr Marsh advised that he was at a wedding out of Christchurch at the date of the first hearing.

It is the parties’ obligation to attend a hearing, or to apply for an adjournment. Mr Marsh did not establish that there has been an error in the Tribunal’s process.

He did not refer me to any evidence which would not have been reasonably available before the first hearing which would have affected the outcome.

Mr Marsh now disputes the amounts claimed because of work carried out at the premises during his tenancy. Even if established, that work would not allow Mr Marsh to arbitrarily stop paying rent or reduce the rent. Mr Marsh would need to prove a claim in the normal manner.

The application for rehearing is dismissed.

Reasons

Both parties attended a rehearing hearing.

On 29 May 2023 the Tribunal made orders for compensation and rent arrears.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons Mr Marsh has failed to establish the grounds for a rehearing.

It is the parties’ obligation to attend a hearing, or to apply for an adjournment. Mr Marsh did not establish that there has been an error in the Tribunal’s process.

He did not refer me to any evidence which would not have been reasonably available before the first hearing which would have affected the outcome.

The application for rehearing is dismissed.

Tenancy Tribunal case 4504689 — Rent arrears at Unit/Flat 5, 25 Newnham Terrace, Upper Riccarton,

At a glance

Tenancy Tribunal case 4504689 — Rent arrears at Unit/Flat 5, 25 Newnham Terrace, Upper Riccarton,

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions