What was the outcome of Tenancy Tribunal case 5426491?

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

How much money was awarded in case 5426491?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5426491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5426491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13606516-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5426491?

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

How much money was awarded in case 5426491?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5426491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5426491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13606516-Tribunal_Order.pdf.

Unit/Flat Flat 1, 144B Riverlaw Terrace, Saint Martins, Tenancy Tribunal Case 5426491 — Rent arrears

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Reasons

Both parties attended the hearing.

On 4 February 2026 the Tribunal made an order for termination, possession and rent arrears (less the bond).

On 9 March 2026, the tenant applied for an out-of-time rehearing on the grounds that she could not attend the hearing as she was receiving medical treatment at the time. This was supported by a medical certificate.

A hearing to consider the application was set down. A stay on proceedings was ordered but I note that there have been subsequent time payments towards the debt since.

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?

It was beneficial for me and the landlord to hear of the challenges the tenant had at that time. That gave context to the final rent arrears and why she had not been able to complete an earlier plan to address it.

That said, she accepted the rent arrears as ordered was correct. Possession returned at the time with no other issues for the landlord. The rent arrears reflect financial hardship but were accepted by the tenant as accurate.

The tenancy ended and possession returned to the landlord in February 2026. The rent arrears as ordered stands. There is nothing substantially wrong in the order of 4 February 2026. Even if the tenant had been able to attend the first hearing, I do not see any different order would have followed.

There are no grounds for a rehearing.

Reasons

Both parties attended the hearing.

On 4 February 2026 the Tribunal made an order for termination, possession and rent arrears (less the bond).

A hearing to consider the application was set down. A stay on proceedings was ordered but I note that there have been subsequent time payments towards the debt since.

Has a substantial wrong or miscarriage of justice occurred?

There are no grounds for a rehearing.

Tenancy Tribunal case 5426491 — Rent arrears at Unit/Flat Flat 1, 144B Riverlaw Terrace, Saint Martins,

At a glance

Tenancy Tribunal case 5426491 — Rent arrears at Unit/Flat Flat 1, 144B Riverlaw Terrace, Saint Martins,

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