Published 21 May 2019
Appeal from Tenancy Tribunal — application for re-hearing — disposal of tenant's possessions after removal — Residential Tenancies Act 1986, s 62A. This was an appeal from decisions of the Tenancy Tribunal on an application for a re-hearing of an order made by the Tribunal. The defendant landlord was the manager of a hostel where the defendant's tenancy had been justifiably terminated. The appellant left some possessions in the room, which, after one month, the landlord disposed of. The tenant brought a claim for the return of his property or compensation valued at $13,650. Finding that the landlord had not followed the procedure set out in Residential Tenancies Act , s 62A for dealing with a tenant's belongings, the appellant was awarded the sum of $1541.44, based on the limited evidence provided about the value of the goods. In a subsequent re-hearing the appellant was granted the lesser amount of $1370.44. A further application for a re-hearing was made and refused. However, leave to appeal out of time to the District Court was allowed. The Judge found that the adjudicator was correct in its initial decision and was correct in refusing a re-hearing because, without providing any new evidence to support his application, the claim brought by the appellant was for him to prove his losses, which he could only do to a limited extent. Therefore, the appeal was dismissed. Judgment Date: 10 January 2018.
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