If you disagree with the decision made at the Tenancy Tribunal hearing, you have two options.
- apply for a rehearing
- appeal to the District Court
Apply for a rehearing
You can apply for a rehearing if you think the decision was substantially wrong or a miscarriage of justice has or may likely occur. You cannot apply for a rehearing just because you don’t like the decision.
You apply for a rehearing at the District Court where the original hearing took place. You have 5 working days after the decision is issued to apply for a rehearing. It’s up to the Court to decide if a rehearing will be granted.
Appeal to the District Court
You can appeal to the District Court if you think the decision is wrong (based on the law). You can’t appeal to the District Court just because you don’t like the decision.
For some cases, there’ll be no right to appeal. For example, you can’t appeal:
- against an interim order
- a final order for the payment of less than $1000
- a final order to undertake work worth less than $1000
You may be able to apply for a rehearing in those cases.
You lodge an appeal at the District Court closest to where the Tribunal hearing took place. You have 10 working days after the decision is issued to lodge an appeal.
If you lodge an appeal, you must pay a filing fee and a hearing fee to the District Court. The filing fee is $200 and the hearing fee is $900 after the first half day.