What was the outcome of Tenancy Tribunal case 4694074?

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

How much money was awarded in case 4694074?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4694074?

The dispute type was not classified.

Where can I read the official tribunal order for case 4694074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139095-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4694074?

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

How much money was awarded in case 4694074?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4694074?

The dispute type was not classified.

Where can I read the official tribunal order for case 4694074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139095-Tribunal_Order.pdf.

6 Kaiwhiria Lane, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4694074 — Tenancy dispute

Reasons

This is the second rehearing request from Ms Janet Geros on this matter.

On 12 October 2023 the Tribunal granted possession of the premises to the landlord.

Natasha Geros has applied for a rehearing of the possession order. However only the landlord attended the initial hearing on 31 January 2024 to consider the rehearing application filed by next of kin of Betty Geros, Natasha Geros.

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.

The rehearing application failed because there was no material being provided which might affect the outcome of the initial hearing.

Appearing by phone today on a second request for a rehearing, Ms Janet Geros reiterated her submissions for a rehearing due to a miscarriage of justice and “false information that has been given to the courts from Kainga Ora”.

However, the status quo remains. There is still no material being provided which might affect the outcome of the initial hearing. The allegation of “false information” which may have a bearing on the case remains unsubstantiated.

In this application, the landlord has applied for possession of the premises following the death of the sole tenant, Betty Geros.

On 17 August 2023, the landlord duly gave the tenant’s next of kin written notice to vacate the premises on 21 September 2023 pursuant to section 50A(1)(b) Residential Tenancies Act 1986.

The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

There is nothing inordinate or irregular about the landlord’s notice to the tenant’s next of kin to vacate the premises on 21 September 2023 pursuant to section 50A(1)(b) Residential Tenancies Act 1986.

Section 50A(1)(b) Residential Tenancies Act 1986 only requires the landlord to give the tenant’s next of kin written notice to vacate the premises following the death of the sole tenant. This has occurred.

The fact that the children of Ms Janet or Natasha Geros have expressed a wish to be a tenant of the premises does not prevent the landlord from exercising their right to give the tenant’s next of kin written notice to vacate the premises pursuant to section 50A(1)(b) Residential Tenancies Act 1986 after the death of the sole tenant, Betty Geros.

The landlord remains entitled to possession of the premises and neither Ms Janet nor Natasha Geros have provided any cogent evidence or material which alters this outcome.

For those reasons, the rehearing application must fail.

Possession of the premises has now returned to the landlord. The landlord is at liberty to deal with the premises as they see fit.

Order

The application for rehearing is dismissed.
The order of 12 October 2023 is enforceable accordingly.

Reasons

This is the second rehearing request from Ms Janet Geros on this matter.
On 12 October 2023 the Tribunal granted possession of the premises to the landlord.
Natasha Geros has applied for a rehearing of the possession order. However only the landlord attended the initial hearing on 31 January 2024 to consider the rehearing application filed by next of kin of Betty Geros, Natasha Geros.
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.
The rehearing application failed because there was no material being provided which might affect the outcome of the initial hearing.
Appearing by phone today on a second request for a rehearing, Ms Janet Geros reiterated her submissions for a rehearing due to a miscarriage of justice and “false information that has been given to the courts from Kainga Ora”.
However, the status quo remains. There is still no material being provided which might affect the outcome of the initial hearing. The allegation of “false information” which may have a bearing on the case remains unsubstantiated.
In this application, the landlord has applied for possession of the premises following the death of the sole tenant, Betty Geros.
On 17 August 2023, the landlord duly gave the tenant’s next of kin written notice to vacate the premises on 21 September 2023 pursuant to section 50A(1)(b) Residential Tenancies Act 1986.
The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
There is nothing inordinate or irregular about the landlord’s notice to the tenant’s next of kin to vacate the premises on 21 September 2023 pursuant to section 50A(1)(b) Residential Tenancies Act 1986.
Section 50A(1)(b) Residential Tenancies Act 1986 only requires the landlord to give the tenant’s next of kin written notice to vacate the premises following the death of the sole tenant. This has occurred.
The fact that the children of Ms Janet or Natasha Geros have expressed a wish to be a tenant of the premises does not prevent the landlord from exercising their right to give the tenant’s next of kin written notice to vacate the premises pursuant to section 50A(1)(b) Residential Tenancies Act 1986 after the death of the sole tenant, Betty Geros.
The landlord remains entitled to possession of the premises and neither Ms Janet nor Natasha Geros have provided any cogent evidence or material which alters this outcome.
For those reasons, the rehearing application must fail.
Possession of the premises has now returned to the landlord. The landlord is at liberty to deal with the premises as they see fit.

Tenancy Tribunal case 4694074 — Tenancy dispute at 6 Kaiwhiria Lane, Mount Roskill, Auckland 1041

At a glance

Claims & awards

Tenancy Tribunal case 4694074 — Tenancy dispute at 6 Kaiwhiria Lane, Mount Roskill, Auckland 1041

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions