If the tenant thinks the decision made by the Tribunal was wrong, there are two options for addressing it:
- Apply for a rehearing
- Appeal to the District Court
It’s important to be aware that if the tenant applies for a rehearing or an appeal, this does not stop the Tenancy Tribunal order from being enforced.
If the tenant wants to stop the order from being enforced, they will need to apply to the Tenancy Tribunal or District Court for an order to suspend the enforcement process.
Being unhappy with a decision is not a sufficient reason for a rehearing or an appeal to be granted.
Apply for a rehearing
If the tenant thinks that the decision was substantially wrong, of there is or will be a miscarriage or justice, they can apply for a rehearing.
The tenant has five working days after the decision has been issued to apply for a rehearing. Applying for a rehearing is free. When the tenant applies they must provide evidence to support the application.
Common reasons for a rehearing are that:
- there was an issue with the procedure of the Tribunal, or
- new relevant evidence has come to light that was not previously available.
The adjudicator who heard the original case will consider the application and decide whether to grant a rehearing. The tenant may be required to attend a short hearing to argue for why a rehearing should take place. This is not a rehearing itself. At or after this hearing, a decision will be made on whether or not a rehearing is granted.
If a rehearing is granted, then the Tribunal process will start afresh with a new adjudicator. The outcome could be similar, better, or worse, for the tenant.
Quick tip
Looking at past Tenancy Tribunal orders can help with understanding when a rehearing may or may not be granted.
Case study
In Tenancy Tribunal Order 4212382, the adjudicator described how:
"Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure," and that
"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."
Appeal to the District Court
The tenant can file an appeal at the District Court if they think the decision is wrong, based on the law. In some circumstances they won’t have the right to appeal, eg, you can’t appeal a final order to pay less than $1000 or to do work worth less than $1000.
An appeal to the District Court must be applied for within ten working days of the order being released. This costs $200.
A tenant should seek legal advice if considering whether to appeal a decision, and can contact their local Community Law Centre for free legal advice. The tenant can have legal representation at an appeal hearing.
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