What was the outcome of Tenancy Tribunal case 4629529?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4629529?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629529?

The primary dispute was Rent arrears. Related themes: Cleanliness, Harassment.

Where can I read the official tribunal order for case 4629529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9858607-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4629529?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4629529?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629529?

The primary dispute was Rent arrears. Related themes: Cleanliness, Harassment.

Where can I read the official tribunal order for case 4629529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9858607-Tenancy_Tribunal_Order.pdf.

24 Peter Buck Road, New Windsor, Auckland 0600 Tenancy Tribunal Case 4629529 — Rent arrears

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Reasons

Nancy Wang attended the hearing as the landlord and Md Shahnoor Islam attended the hearing as the tenant.

This matter relates to a tenancy at the above address that ran for just under eight months from 28 January 2022 until 9 September 2022.

A landlord application was made to the Tribunal and a hearing was held on 7 March 2023. The landlord sought $1,200.00 cleaning costs from the tenant, and was awarded $400.00.

The landlord sought a rehearing on the basis that new evidence had become available, and was granted a rehearing hearing. The rehearing hearing was held on 22 May 2023. This resulted in the application for a rehearing being dismissed.

The application before the Tribunal today was for two week’s rent arrears amounting to $1,160.00. A rent summary was included in the application for the weeks ending 15 September 2022 and 23 September 2022. The tenancy application form states that the tenancy ended on 23 September 2022. This is inconsistent with the application form for the first hearing which states the tenancy ended on 9 September 2022. I note the original application was for cleaning and did not include an application for rent arrears.

At the hearing today, Ms Wang stated that the rent arrears application was for lost rent going forward as the property was not fit to be re-tenanted at the end of the tenancy.

Ms Wang also stated that she had wanted to appeal the original decision but had run out of time because she had forgotten about it. Ms Wang stated she did not accept the process in bringing her claim.

If Ms Wang is applying for lost rent she is barred by the rule of Henderson v Henderson (1843) 3 Hare 100, ER 313 which requires a plaintiff to bring their whole case to Court at the same time. No reason was given by Ms Wang as to why this wasn’t possible.

The rule of Henderson v Henderson has been confirmed many times in New Zealand courts, such as in the case of Petersen v Lucas [2015] NZCA 627, when the Court of Appeal stated: A party cannot bring a case relating to a certain party, certain consequences of conduct, and a certain timeframe and then when it fails bring another case raising a similar complaint relating to the same party, the same sequence and the same timeframe. Parties must bring their whole case to the Court so there can be finality of litigation.

In the case of May v Tey [2013 NZHC 573, the High Court confirmed that: It is an abuse of process to raise in subsequent proceedings matters which could and should have been litigated in earlier proceedings.

The tenant attended again today and submitted that the ongoing hearings feel like harassment and are costing him hours that he should be spending at work and getting on with his life.

Reasons

Nancy Wang attended the hearing as the landlord and Md Shahnoor Islam attended the hearing as the tenant.

This matter relates to a tenancy at the above address that ran for just under eight months from 28 January 2022 until 9 September 2022.

A landlord application was made to the Tribunal and a hearing was held on 7 March 2023. The landlord sought $1,200.00 cleaning costs from the tenant, and was awarded $400.00.

At the hearing today, Ms Wang stated that the rent arrears application was for lost rent going forward as the property was not fit to be re-tenanted at the end of the tenancy.

The tenant attended again today and submitted that the ongoing hearings feel like harassment and are costing him hours that he should be spending at work and getting on with his life.

Tenancy Tribunal case 4629529 — Rent arrears at 24 Peter Buck Road, New Windsor, Auckland 0600

At a glance

Tenancy Tribunal case 4629529 — Rent arrears at 24 Peter Buck Road, New Windsor, Auckland 0600

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions