What was the outcome of Tenancy Tribunal case 5180191?

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

How much money was awarded in case 5180191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5180191?

The dispute type was not classified.

Where can I read the official tribunal order for case 5180191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747074-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5180191?

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

How much money was awarded in case 5180191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5180191?

The dispute type was not classified.

Where can I read the official tribunal order for case 5180191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747074-Tenancy_Tribunal_Order.pdf.

Flat 7, 505 Tuam Street, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 5180191 — Tenancy dispute

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Reasons

Both parties attended this telephone hearing. Ms Oquist represented the landlords.

On 14 March 2025 the Tribunal made an order allowing the tenant to terminate the tenancy on 21 days notice and awarding her $1,000 compensation and the $27 filing fee.

On 19 March the landlords applied for a rehearing on the grounds that the Tribunal’s factual findings were incorrect and were without a proper evidential basis.

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 Tribunal’s reasons for its order are set in the decision. The Tribunal considered all the relevant evidence, much of which was not disputed. Where there is a conflict of evidence, the Tribunal is required to resolve that conflict one way or the other. Evidence given by the people involved is still evidence. It is not necessary to have documentary evidence to prove a fact. In a case involving misrepresentation, often the relevant evidence is oral.

The Tribunal resolved the conflict of evidence regarding what was said immediately before the tenant signed the tenancy agreement in the tenant’s favour. The reason for that was that it was more consistent with other evidence in the case. That was a finding that the Tribunal was entitled to make. The landlords say that the finding was wrong, and they are unhappy with the result. But they are not grounds for a rehearing.

The application for a rehearing must therefore be dismissed.

Reasons

Both parties attended this telephone hearing. Ms Oquist represented the landlords.

On 14 March 2025 the Tribunal made an order allowing the tenant to terminate the tenancy on 21 days notice and awarding her $1,000 compensation and the $27 filing fee.

On 19 March the landlords applied for a rehearing on the grounds that the Tribunal’s factual findings were incorrect and were without a proper evidential basis.

The application for a rehearing must therefore be dismissed.

Tenancy Tribunal case 5180191 — Tenancy dispute at Flat 7, 505 Tuam Street, Phillipstown, Christchurch 8011

At a glance

Claims & awards

Tenancy Tribunal case 5180191 — Tenancy dispute at Flat 7, 505 Tuam Street, Phillipstown, Christchurch 8011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions