What was Tenancy Tribunal case 4437664 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4437664?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4437664?

The dispute type was not classified.

Where can I read the official tribunal order for case 4437664?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8633194-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4437664 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4437664?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4437664?

The dispute type was not classified.

Where can I read the official tribunal order for case 4437664?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8633194-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4437664 — Tenancy dispute

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The application for costs by the landlord is dismissed.

Reasons

On 8 December 2022, the Tribunal issued a decision dismissing an application by the executors of the Estate of Alison Powell against the tenant. The executors sought to terminate the tenancy.
Though not a party to the application, Mr De Wys was effectively joined to the application since the preliminary issue was whether he was the landlord rather than the executors of the estate.
The Tribunal issued a declaration that Mr De Wys was the landlord. Costs in the Tenancy Tribunal
I reserved the issue of costs noting that on a matter such as this, costs will usually lie where they fall. I noted that Mr De Wys was not a named party in the application, nor did he seek any orders from the Tribunal.
The Tenancy Tribunal is a lay Tribunal and legal representation is restricted. Section 102 of the Residential Tenancies Act 1986 (RTA) deals with costs. The starting point is that the Tribunal shall have no power to award costs to or against any party to proceedings before it.
However, the Tribunal has a discretion to award costs where any of the parties was represented by counsel and in certain other situations. Submissions on costs
Here, counsel for Mr De Wys seeks an order for costs against the executors based on invoiced amounts of $5,028.45. Counsel submits that Mr De Wys was forced to instruct lawyers given the technical nature of the points in issue and to oppose the executors’ application and to protect the tenant’s tenancy.
Counsel for the executors opposes the application for costs. Counsel has submitted that the Tribunal’s decision was wrong in law (though no appeal has been filed). Counsel notes that the Estate has no funds to pay costs without selling one of the estate properties which Mr De Wys apparently opposes.

Should costs be awarded?

The Tenancy Tribunal has originating and exclusive jurisdiction to determine disputes as between landlords and tenants subject to a monetary cap.
Even if Mr De Wys had chosen not to be represented and not to participate in the hearing, the Tribunal’s decision dismissing the executors’ application would have been the same based on the evidence counsel for the executors presented.
Mr De Wys has achieved some success from the Tribunal’s decision – a declaration that he is the landlord, rather than the executors. While he sought no orders, by seeking to be included as a party (or at least participate in the hearing) he now has confirmation of his status as a landlord.
While the executors apparently do not accept the Tribunal’s finding, they too have certainty. They needed to make the application to have the situation clarified. So, the application was not frivolous or vexatious.
I find that this is a case where costs should lie where they fall. Both parties have incurred legal costs. Both elected to be legally represented. Had each party come to the Tribunal without legal representation the result would have been the same as the prime evidence on which the Tribunal relied was the will admitted to probate and the evidence as to the tenancy agreement between the tenant, and the deceased and Mr De Wys as landlord.
Both parties (the executors and Mr De Wys) have had the benefit of the Tribunal’s decision and declaration as to the status of the parties. Result
The application for costs is dismissed.

Reasons

On 8 December 2022, the Tribunal issued a decision dismissing an application by the executors of the Estate of Alison Powell against the tenant. The executors sought to terminate the tenancy.

Though not a party to the application, Mr De Wys was effectively joined to the application since the preliminary issue was whether he was the landlord rather than the executors of the estate.

The Tribunal issued a declaration that Mr De Wys was the landlord. Costs in the Tenancy Tribunal

I reserved the issue of costs noting that on a matter such as this, costs will usually lie where they fall. I noted that Mr De Wys was not a named party in the application, nor did he seek any orders from the Tribunal.

The Tenancy Tribunal is a lay Tribunal and legal representation is restricted. Section 102 of the Residential Tenancies Act 1986 (RTA) deals with costs. The starting point is that the Tribunal shall have no power to award costs to or against any party to proceedings before it.

However, the Tribunal has a discretion to award costs where any of the parties was represented by counsel and in certain other situations. Submissions on costs

Here, counsel for Mr De Wys seeks an order for costs against the executors based on invoiced amounts of $5,028.45. Counsel submits that Mr De Wys was forced to instruct lawyers given the technical nature of the points in issue and to oppose the executors’ application and to protect the tenant’s tenancy.

Counsel for the executors opposes the application for costs. Counsel has submitted that the Tribunal’s decision was wrong in law (though no appeal has been filed). Counsel notes that the Estate has no funds to pay costs without selling one of the estate properties which Mr De Wys apparently opposes.

Should costs be awarded?

The Tenancy Tribunal has originating and exclusive jurisdiction to determine disputes as between landlords and tenants subject to a monetary cap.

Even if Mr De Wys had chosen not to be represented and not to participate in the hearing, the Tribunal’s decision dismissing the executors’ application would have been the same based on the evidence counsel for the executors presented.

Mr De Wys has achieved some success from the Tribunal’s decision – a declaration that he is the landlord, rather than the executors. While he sought no orders, by seeking to be included as a party (or at least participate in the hearing) he now has confirmation of his status as a landlord.

While the executors apparently do not accept the Tribunal’s finding, they too have certainty. They needed to make the application to have the situation clarified. So, the application was not frivolous or vexatious.

I find that this is a case where costs should lie where they fall. Both parties have incurred legal costs. Both elected to be legally represented. Had each party come to the Tribunal without legal representation the result would have been the same as the prime evidence on which the Tribunal relied was the will admitted to probate and the evidence as to the tenancy agreement between the tenant, and the deceased and Mr De Wys as landlord.

Both parties (the executors and Mr De Wys) have had the benefit of the Tribunal’s decision and declaration as to the status of the parties. Result

The application for costs is dismissed.

Tenancy Tribunal case 4437664 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4437664 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should costs be awarded?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should costs be awarded?

Topics & place

Residential Tenancies Act sections

Frequently asked questions