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He v Liu [2020] NZDC 24057

Published 29 March 2022

Appeal against decision — Tenancy Tribunal — refusal to grant a rehearing — termination by notice — tenant or flatmate — compensation — Residential Tenancies Act 1986, 51. This was an appeal against a Tenancy Tribunal decision refusing to grant a rehearing. The appellant had rented a room from the respondent. The respondent sought vacant possession from the appellant, who applied to the Tribunal seeking a declaration that he was a tenant rather than a flatmate. The appellant succeeded in his application, but then sought a rent reduction or compensation at the same hearing. The referee noted that the appellant could not advance in the hearing what was not his application, but that he was welcome to file a further application for compensation. Instead the appellant sought a rehearing, which was dismissed. He then appealed that decision to the District Court. The Judge echoed the decision of the referee; that the appellant could file a further application in relation to potential compensation, but that there was no basis upon which an appeal could be allowed. The appeal was accordingly dismissed. Judgment Date: 6 November 2020.

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