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Egden v Richdale [2019] NZDC 4432

Published 11 July 2019

Tenancy Tribunal appeal — 90-day notice — rent arrears — Residential Tenancies Act 1986, ss 51, 105 & 117 — Property Law Act 2007, s 24 — dismiss for nonappearance — appeal out of time — District Court Rules 2014, r 18.25 — Egden v Richdale [2018] NZDC 25713 — Caldwell v Crofts Timber Co Ltd (2000) 15 PRNZ 115. The applicant filed two appeals from decisions of the Tenancy Tribunal. The landlord, and respondent, had previously succeeded in the Tenancy Tribunal in terminating the applicant's tenancy following a 90-day notice. The applicant had been granted an extension to move himself and his belongings, conditional on paying $250 weekly rent. The applicant filed for a re-hearing. Subsequently the landlord applied for the applicant's eviction for non-payment of rent which was granted, and the Tenancy Tribunal later dismissed the applicant's application for a re-hearing. The first appeal regarded the refusal to grant the re-hearing. The Judge found the adjudicator reached the correct decision as the applicant's claim of a property right in the landlord's property was not supported by evidence and no further evidence was filed in his application for a re-hearing. The appeal was dismissed. The second appeal was made on the basis of a claim that the applicant's eviction was unlawful as he was not in rent arrears. However, the Judge found the adjudicator was correct in upholding the landlord's claim of rent arrears; further, the appeal was made out time. For those reasons the appeal was dismissed. Judgment Date: 12 March 2019.

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