Rehearing stay of proceedings

Question from Tania updated on 19th March 2018:

I have a tenant who is often behind on rent and water payment. I have served the tenant with 14 days’ written notice (three times) requiring the tenant to remedy the breaches. When the tenant was four weeks in arrears, I applied to the Tenancy Tribunal to resolve the matter.

The tenant agreed with the arrears and confirmed to attend the Tribunal in an email but didn't show up. The Tribunal order granted me leave to end the tenancy and take possession of my property at 6 April. Two days later, the tenant was still there. I then applied for a evict warrant which normally takes two weeks to implement.

I then received a phone call from the enforcement team: the eviction was on hold because the tenant had applied for a rehearing and 'a stay of enforcement proceedings'. I called/emailed/visited the court to request the hearing date and on what ground the rehearing was granted. Unfortunately, no one seems to have a clue.

How can I apply to remove 'a stay' to get possession of my property?

Our expert Jennifer Sykes responded:

A tenant or landlord named in a Tenancy Tribunal decision may apply for a rehearing if a ‘substantial wrong or miscarriage of justice has or may have occurred or is likely to occur’. The Tribunal may grant a rehearing on such terms as it thinks fit, and may in addition stay proceedings.

If a rehearing is granted and the Tenancy Tribunal Order included a possession order, then the Tenancy Tribunal can issue a ‘stay of proceedings’ which temporarily suspends the orders outlined in the initial Tenancy Tribunal Order. This will result in such orders not being enforceable until the matter is determined.

Being unhappy or dissatisfied with the decision is not a reason to grant a rehearing. The Ministry of Justice through the Tenancy Tribunal at the District Court manages applications for a Rehearing and Stay of Proceedings, so you will need to contact them for more information. More information on the Tenancy Tribunal process is available here. You can also subscribe to our e-newsletter Landlord News here.

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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