What was the outcome of Tenancy Tribunal case 5048843?

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

How much money was awarded in case 5048843?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5048843?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5048843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655835-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5048843?

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

How much money was awarded in case 5048843?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5048843?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5048843?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655835-Tribunal_Order.pdf.

27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410 Tenancy Tribunal Case 5048843 — Rent arrears

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Reasons

Only the landlord attended the hearing to consider the tenant’s rehearing application. The tenant did not appear at the appointed time.

The tenant has applied for a rehearing of the Tribunal order dated 10 December 2024 on grounds that he was aware and available for the phone hearing but had not been phoned on the hearing date and time in question. The tenant seeks a rehearing to be conducted in person.

Out of fairness to both parties, I directed an in-person hearing to decide whether to grant a rehearing of the original matter.

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 any grounds for a rehearing.

The tenant did not attend today’s hearing at the appointed time.

There is nothing in the rehearing application which raises any credible or cogent defence to the possession order made in favour of the landlord due to substantial rent arrears.

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 hearing before the Tribunal. No evidence of rent being paid has been adduced.

The landlord advised that the tenant has since been evicted on 23 January 2025.

For those reasons, the original order stands.

I dismiss the tenant’s rehearing application accordingly.

Reasons

Only the landlord attended the hearing to consider the tenant’s rehearing application. The tenant did not appear at the appointed time.

Out of fairness to both parties, I directed an in-person hearing to decide whether to grant a rehearing of the original matter.

Has a substantial wrong or miscarriage of justice occurred?

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

The tenant did not attend today’s hearing at the appointed time.

There is nothing in the rehearing application which raises any credible or cogent defence to the possession order made in favour of the landlord due to substantial rent arrears.

The landlord advised that the tenant has since been evicted on 23 January 2025.

For those reasons, the original order stands.

I dismiss the tenant’s rehearing application accordingly.

Tenancy Tribunal case 5048843 — Rent arrears at 27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410

At a glance

Tenancy Tribunal case 5048843 — Rent arrears at 27 Ake Ake Avenue, Hokowhitu, Palmerston North 4410

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