Published 01 October 2019
Tenancy Tribunal appeal — refusal to grant re-hearing — Residential Tenancies Act 1986 — bond lodging — failure to maintain the property — retaliatory termination of tenancy — exemplary damages. The appellants sought to overturn a Tenancy Tribunal decision in the Adjudicator declined to grant a rehearing of its original decision. The appellants had been out of the country for their son's wedding and had failed to appoint an agent in their place for the hearing or sought an adjournment. At the hearing, the respondent was successful on mulitple grounds, including: a finding that the appellants failed to properly lodge the respondent's bond; that the appellant's failed to maintain the property; and the notice to terminate the respondent's tenancy was retaliatory. The Adjudicator awarded exemplary damages, all totalling $4,986.64. The Adjudicator found the appellants had been properly notified of the hearing, they had every opportunity to appoint an agent and there was no new evidence that was not reasonably available at the time of the first hearing to affect its outcome. The Judge noted the sole issue before the Court was whether the Adjudicator erred in declining to grant a rehearing. The Judge found no error and dismissed the appeal. Judgment Date: 26 July 2019.
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