What was the outcome of Tenancy Tribunal case 4646510?

The tribunal order states: The application for rehearing is dismissed. The order of 20 October 2023

How much money was awarded in case 4646510?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4646510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9853716-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4646510?

The tribunal order states: The application for rehearing is dismissed. The order of 20 October 2023

How much money was awarded in case 4646510?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4646510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9853716-Tribunal_Order.pdf.

94A Gloucester Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4646510 — Rent arrears

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Order

The application for rehearing is dismissed. The order of 20 October 2023 remains in full force and effect.

Reasons

Only the landlord attended the hearing to consider the rehearing application filed by the tenant.
On 20 October 2023, the Tribunal made an order for payment of rent arrears and conditional termination of the tenancy if payment of the rent arrears is not made on 27 October 2023.
On 3 November 2023 the tenant applied for a rehearing.
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?

The tenant has failed to establish the grounds for a rehearing.
No rent has been paid since the order of 20 October 2023 and vacant possession has since been returned to the landlord on 26 November 2023.
The tenant did not appear today at the scheduled hearing to consider the rehearing application.
For those reasons, the rehearing application is dismissed.

Tenancy Tribunal case 4646510 — Rent arrears at 94A Gloucester Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4646510 — Rent arrears at 94A Gloucester Road, Manurewa, Auckland 2102

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