Adjournment Pending Appeal - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal adjourned a hearing involving a landlord's claim for cleanup costs and the return of the bond, pending the outcome of an appeal in the District Court. The landlord had previously lost a case and appealed the decision.
⚖️ Legal holding
A landlord's claim for cleanup costs and bond return must await the outcome of an appeal.
📖 Technical summary
The hearing was adjourned pending the outcome of an appeal.
📜 Headnote Official document
The Tenancy Tribunal adjourned a hearing involving a landlord's claim for cleanup costs and the return of the bond, pending the outcome of an appeal in the District Court.
📚 Full judgment Official document
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[2024] NZTT 4934533
TENANCY TRIBUNAL - Invercargill | Waihōpai
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The hearing is adjourned.
2. A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.
Reasons:
1. Both parties attended the hearing.
2. By way of background this tenancy came to an end on the 14 April 2024 following a hearing in the Tribunal. The decision is dated 10 March 2024.
3. The order provided for the applicant landlord to pay the tenant a sum of money and the fixed term tenancy was bought to an end.
4. The applicant landlord has appealed the decision in the District Court. That is yet to be heard.
5. The application before me today is by the landlord claiming clean up costs following the end of the tenancy and he seeks the return of the bond.
6. Having spoken to the parties, it is appropriate to determine this application following the outcome of the Appeal then the issue of the refund of the bond can be dealt with at that time.
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7. If the Appeal is granted and the matter comes back to the tribunal for determination, all matters can be determined together in one hearing. Or alternatively if the Appeal is not granted, and the order stands, that amounts ordered can be incorporated into the one order.
8. The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
S Munro
03 October 2024
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
❓ Frequently asked questions
What did this decision decide?
The hearing was adjourned until the outcome of the landlord's appeal in the District Court.
What was the dispute about?
The landlord claimed cleanup costs and requested the return of the bond following the end of the tenancy.
How did the court decide, and why?
The court decided to adjourn the hearing to allow the appeal to proceed first.
Which laws or rules were applied?
No specific laws or rules were cited in the decision.
What was the argument that mattered most?
The argument that mattered most was that the appeal needed to be resolved first.
Was the decision for or against the person who brought the case?
The decision was neither for nor against the landlord, as it was adjourned pending the appeal's outcome.
What does this mean for someone in a similar situation?
Someone in a similar situation should wait for the resolution of their appeal before pursuing further claims.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.