What was the outcome of Tenancy Tribunal case 4732069?

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

How much money was awarded in case 4732069?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732069?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017948-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732069?

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

How much money was awarded in case 4732069?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732069?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10017948-Tribunal_Order.pdf.

73 Martin Road, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 4732069 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

The application for rehearing is dismissed.

Reasons

The landlord attended the rehearing hearing, the tenant did not attend. The Tribunal rang the tenant on the number she provided in the rehearing application. The phone was unanswered and went to an answerphone. This was the same number that the Tribunal used for the substantive hearing on 29 January 2024, when the tenant also did not answer her phone.
On 29 January 2024 the Tribunal made an Order for termination of the tenancy for rent arrears.
On 30 January 2024 , Krystalle Torea applied for a rehearing on the grounds that she did not pay the rent because she wanted maintenance done to the property. The tenant did not file a cross application.
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 tenant has left the property since filing her rehearing application. The tenant has not provided any grounds for a rehearing and has not attend this hearing.
The rehearing application is dismissed.
My original Order dated 29 January 2024 stands.

Tenancy Tribunal case 4732069 — Rent arrears at 73 Martin Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4732069 — Rent arrears at 73 Martin Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions