What was the outcome of Tenancy Tribunal case 4877980?

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

How much money was awarded in case 4877980?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4877980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4877980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10683705-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4877980?

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

How much money was awarded in case 4877980?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4877980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4877980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10683705-Tribunal_Order.pdf.

Unit/Flat A, 17 Ngapuhi Road, Waipapa, Waipapa 0295 Tenancy Tribunal Case 4877980 — Rent arrears

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Reasons

Only the landlord attended the hearing to consider the tenant’s rehearing application. Calls to the tenant went unanswered.

The tenant has applied for a rehearing of the Tribunal order dated 4 July 2024.

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.

The tenant did not attend today’s hearing which has been scheduled to consider the rehearing application.

The grounds adduced by the tenant that she has applied for withdrawal from Kiwisaver do not raise any credible or cogent defence to the possession order and monetary order for rent arrears made in favour of the landlord.

No rent has been paid; no submission/evidence has been adduced to show that the rent arrears have been cleared or will be paid within a reasonable timeframe.

Section 117(11) of the Residential Tenancies Act 1986 provides that where an appeal to the District Court has been filed in relation to an order terminating the tenancy made on the ground of non-payment of rent, a stay of proceedings shall not be granted unless the application for stay is supported by a receipt or other written evidence tending to show that the rent was not in fact in arrear at the date of the hearing before the Tribunal.

I consider those principles applicable to an application for rehearing.

No material or evidence has been filed or adduced by the tenant to show that the rent was not in fact in arrear at the date of the substantive hearing before the Tribunal on 4 July 2024. The tenant has conceded on 4 July 2024 of being in substantial arrears as well as acknowledged in the rehearing application that she still in rent arrears.

The landlord confirms that possession of the premises has since been returned to the landlord and the rent arrears debt is still outstanding.

For the above reasons, the tenant’s application for rehearing is declined.

Reasons

Only the landlord attended the hearing to consider the tenant’s rehearing application. Calls to the tenant went unanswered.

The tenant has applied for a rehearing of the Tribunal order dated 4 July 2024.

Has a substantial wrong or miscarriage of justice occurred?

The tenant has failed to establish the grounds for a rehearing.

The tenant did not attend today’s hearing which has been scheduled to consider the rehearing application.

No rent has been paid; no submission/evidence has been adduced to show that the rent arrears have been cleared or will be paid within a reasonable timeframe.

I consider those principles applicable to an application for rehearing.

The landlord confirms that possession of the premises has since been returned to the landlord and the rent arrears debt is still outstanding.

For the above reasons, the tenant’s application for rehearing is declined.

Tenancy Tribunal case 4877980 — Rent arrears at Unit/Flat A, 17 Ngapuhi Road, Waipapa, Waipapa 0295

At a glance

Tenancy Tribunal case 4877980 — Rent arrears at Unit/Flat A, 17 Ngapuhi Road, Waipapa, Waipapa 0295

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