How can I challenge an unjust Tribunal decision?
Question from Maurice updated on 2nd August 2010:
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.