How can I challenge an unjust Tribunal decision?

Question from Maurice updated on 2nd August 2010:

I am being evicted from my rental property for supposedly being 21 days in arrears with the rent. I was taken to the tribunal and not once was I asked why I had not paid, as according to my statements I had, but neither the judge or property manager looked at any of my evidence. I was asked twice if I wanted to stay at the property and I said yes but when the property manager was asked if I could stay I was told twice that "No we want him out'" I notice on the eviction notice that the Property Manger is laying claim to my $840 bond. Are they allowed to keep this as it now means when I look for another place I am out of pocket with money for bond? Your help in this mater would be greatly appreciated.

Our expert Jeff Montgomery responded:

Where a decision by the Tenancy Tribunal has been based on a mistake in law or a mistake in fact and you have evidence to support this, you can contact the Tenancy Tribunal clerk at the Courts to apply for a re-hearing. Where a re-hearing is granted, a stay of proceedings may also be requested, which if granted will mean no enforcement action can be taken until the matter has been re-heard.

Whether or not a re-hearing or a stay of proceedings is granted will be for the Courts to determine, based on the grounds of the application. If you have concerns about the behaviour of an adjudicator, you can raise these concerns with the Principal Tenancy Adjudicator, at PO Box 2124, Rotorua.

However, if the decision of the Tenancy Tribunal is correct, the bond may be refunded (in part or whole) to the landlord if there are costs that have been established are owed by the tenant (e.g. where rent is in arrears). To discuss your situation further, or for advice and information about applying for a re-hearing, you can contact the Department of Building and Housing on 0800 TENANCY (0800 836 262).

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.


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