What was the outcome of Tenancy Tribunal case 5067749?

The tribunal order states: The application for rehearing is dismissed on the papers.

How much money was awarded in case 5067749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5067749?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5067749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343812-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5067749?

The tribunal order states: The application for rehearing is dismissed on the papers.

How much money was awarded in case 5067749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5067749?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5067749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343812-Tribunal_Order.pdf.

31C York Street, Glenholme, Rotorua 3010 Tenancy Tribunal Case 5067749 — Harassment

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Reasons

Both parties attended the hearing.

On 5 December 2024 the Tribunal made an order for termination of the Tenant’s tenancy, stating as follows:

The Tenant has breached their obligations by denying the Landlord entry to the premises, and engaging in abusive, threatening, and intimidating behaviour toward the Landlord’s representatives. This includes incidents where the Tenant became confrontational during an inspection, used offensive language, and exhibited aggressive conduct that made the Landlord's representatives fearful for their safety.

On 22 August 2024, during a reinspection at the property, the Tenant became angry and abusive, stating he had not received notification. Despite an explanation that the notice had been sent, the Tenant became verbally aggressive and threatening, causing the representative to fear for her safety and leave immediately.

On 27-28 August 2024, the Landlord’s representative attempted to photograph the carport as requested by the Tribunal. The Tenant’s intimidating behaviour caused the representative significant fear during both visits.

The Tenant has applied for a rehearing on the grounds that he did not receive notice of the hearing. I note the Tenant did not turn up to the last hearing (18/10/24) either and did not contact the Tribunal Registry regarding the decision I issued after it.

Furthermore, the Tenant claims he was assaulted; punched in the face by the property manager. He claims he has made a report to the Police regarding the incident but has failed to provide the registry with further details concerning his report. While he claims he was assaulted, but both property managers indicate he is the aggressor, as set out in the Tribunal’s Order of 5 December 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 for the reasons set out above.

Reasons

Both parties attended the hearing.

On 5 December 2024 the Tribunal made an order for termination of the Tenant’s tenancy, stating as follows:

Has a substantial wrong or miscarriage of justice occurred?

The Tenant has failed to establish the grounds for a rehearing for the reasons set out above.

Tenancy Tribunal case 5067749 — Harassment at 31C York Street, Glenholme, Rotorua 3010

At a glance

Tenancy Tribunal case 5067749 — Harassment at 31C York Street, Glenholme, Rotorua 3010

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