What was the outcome of Tenancy Tribunal case 4525271?

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

How much money was awarded in case 4525271?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4525271?

The dispute type was not classified.

Where can I read the official tribunal order for case 4525271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751889-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4525271?

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

How much money was awarded in case 4525271?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4525271?

The dispute type was not classified.

Where can I read the official tribunal order for case 4525271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9751889-Tribunal_Order.pdf.

1 Realm Place, Massey, Auckland 0614 Tenancy Tribunal Case 4525271 — Tenancy dispute

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Reasons

Both parties attended the hearing. Ms Peti with her support person and Mr Dai for the landlord.

On 30 August 2023 the Tribunal made an order in the tenant’s favour for $745.44.

On 8 September 2023 applied for a rehearing on the grounds that the order incorrectly noted he consented to the refund of $400 rent.

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?

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

Mr Dai had received 4 payments of $680.00 rent.

He says now he only agreed to refund $400 rent (which he did in February 2023). He says he only agreed to refund 2 weeks of $200.00 and not 4 weeks of $200.00 as for the remaining 2 weeks the property was ok to live in..

The tenants say I awarded the $400.00 being the extra amount paid for the 2 weeks to the end of the tenancy as outlined in my decision.

Though there may be a mistake in the wording of the order, the reasons clearly reflect the refund was to include a reduction in rent until the tenants vacated the property. I note from the original decision that the landlord gave 7 days notice as the premises had become uninhabitable due to the Auckland floods.

The application for re-hearing is dismissed.

Reasons

Both parties attended the hearing. Ms Peti with her support person and Mr Dai for the landlord.

On 30 August 2023 the Tribunal made an order in the tenant’s favour for $745.44.

On 8 September 2023 applied for a rehearing on the grounds that the order incorrectly noted he consented to the refund of $400 rent.

Has a substantial wrong or miscarriage of justice occurred?

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

Mr Dai had received 4 payments of $680.00 rent.

The tenants say I awarded the $400.00 being the extra amount paid for the 2 weeks to the end of the tenancy as outlined in my decision.

The application for re-hearing is dismissed.

Tenancy Tribunal case 4525271 — Tenancy dispute at 1 Realm Place, Massey, Auckland 0614

At a glance

Claims & awards

Tenancy Tribunal case 4525271 — Tenancy dispute at 1 Realm Place, Massey, Auckland 0614

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

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions