What was the outcome of Tenancy Tribunal case 4717689?

The tribunal order states: The tenant’s application for rehearing is dismissed.

How much money was awarded in case 4717689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4717689?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4717689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10011693-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4717689?

The tribunal order states: The tenant’s application for rehearing is dismissed.

How much money was awarded in case 4717689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4717689?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4717689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10011693-Tribunal_Order.pdf.

Room R111, 187 Gillies Avenue, Epsom, Auckland 1023, Tenancy Tribunal Case 4717689 — Boarding House

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Reasons

Only the landlord and their counsel attended the hearing scheduled today to consider the rehearing application.

On 21 November 2024, the Tribunal made an order granting possession of the boarding house room and all facilities of the boarding house at Room 111, 187 Gillies Avenue, Epsom, Auckland 1023, Rae House / Rocklands Accommodation to the landlord.

The tenant applied for a rehearing on the grounds that he did not have proper opportunity to fully argue his case (in breach of natural justice) and bias of the adjudicator when the hearing on 17 November 2023 was not adjourned at his request.

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 failed to establish the grounds for a rehearing.

While the last hearing on 17 November 2023 was not adjourned at the tenant’s request, the tenant had been given full opportunity to present and submit on his case during that hearing (which he duly exercised) and 3 other hearings conducted prior, in October, August and May 2023.

The tenant’s submissions were lengthy, although not all of which are relevant to the issue on hand.

There are no new evidence nor materials adduced which might affect the outcome of the previous 4 hearings and final determination of the Tribunal.

The tenant is clearly unhappy with the decision, but this by itself is insufficient for grant of a rehearing.

The tenant did not attend today’s hearing to prosecute his application for a rehearing.

The tenant has since vacated the premises on 4 December 2023 after his application for a stay of proceedings was refused by the District Court.

For those reasons, the rehearing application must fail.

Reasons

Only the landlord and their counsel attended the hearing scheduled today to consider the rehearing application.

Has a substantial wrong or miscarriage of justice occurred?

The tenant failed to establish the grounds for a rehearing.

The tenant’s submissions were lengthy, although not all of which are relevant to the issue on hand.

There are no new evidence nor materials adduced which might affect the outcome of the previous 4 hearings and final determination of the Tribunal.

The tenant is clearly unhappy with the decision, but this by itself is insufficient for grant of a rehearing.

The tenant did not attend today’s hearing to prosecute his application for a rehearing.

The tenant has since vacated the premises on 4 December 2023 after his application for a stay of proceedings was refused by the District Court.

For those reasons, the rehearing application must fail.

Tenancy Tribunal case 4717689 — Boarding House at Room R111, 187 Gillies Avenue, Epsom, Auckland 1023,

At a glance

Tenancy Tribunal case 4717689 — Boarding House at Room R111, 187 Gillies Avenue, Epsom, Auckland 1023,

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