What was Tenancy Tribunal case 4472846 about?

The tribunal order states: The Tribunal orders suppression of the Landlord’s and Tenants’ names and

How much money was awarded in case 4472846?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,682.29 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 4472846?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4472846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320685-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4472846 about?

The tribunal order states: The Tribunal orders suppression of the Landlord’s and Tenants’ names and

How much money was awarded in case 4472846?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,682.29 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 4472846?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4472846?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320685-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4472846 — Rent arrears

Claims and awards in Tenancy Tribunal application 4472846 — net $1,852.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2022	$4,682.29	Rent arrears to 31 October 2022
Rubbish removal	$550.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,852.73
Total payable by Tenant to Landlord	$1,852.73

Order

The Tribunal orders suppression of the Landlord’s and Tenants’ names and identifying details. The names of the previous tenants under the tenancy agreement and variations are also suppressed.
[The tenant/s] must pay [The landlord/s] $1,852.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[The landlord’s representative] for the landlord and [The tenant/s] attended the hearings held to determine the landlord’s claim.
The landlord has applied for rent arrears, compensation for removal of rubbish and goods, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord withdrew its application for compensation for cleaning at the hearing.

How much is owed for rent?

There are two matters in dispute relating to the rent. The first dispute is whether the tenants are liable for all rent owed as there were two changes in tenants during the tenancy as recorded in two separate variations to the tenancy agreement. The second dispute relates to when the tenancy ended.
The tenancy commenced on 27 November 2021 and was for a fixed term to 26 November 2022. The tenancy ended early following a request from the tenants that was agreed to by the landlord. At the end of the tenancy the rent was in arrears. Are the tenants liable for rent arrears under the variations to the tenancy agreement?
A tenancy agreement is a binding contract and a variation to a tenancy agreement can also be a binding contract.
When the tenancy started there were four tenants, being [Tenant 1], [Tenant 2], [Tenant 3] and [Tenant 4]. Two variations to the tenancy agreement took place during the tenancy. Both variations concerned changes to who the tenants are under the tenancy agreement. The variations are both in writing and have identical terms. Both variations are signed by all the tenants involved, that is the leaving tenants, the remaining tenants and the joining tenants as well as the landlord. The variations record: a) Under the first variation (11 March 2022) it was agreed that the three tenants other than [Tenant 2] would leave the tenancy and that two new tenants ([Tenant 5] and [Tenant 6]) would join the tenancy. [Tenant 2] remained as a tenant; [Tenant 6] is [Tenant 2]’s mother. b) Under the second variation (5 May 2021) [Tenant 2] and [Tenant 6] remained as tenants and [Tenant 5] left the tenancy. That meant [Tenant 2] and [Tenant 6] were the only tenants from then until the tenancy ended. I note that [Tenant 7] is shown as a tenant leaving the tenancy in this variation however no documentation showing that he was joined as a tenant under the tenancy agreement has been presented.
The variation agreement terms state that the removal of existing tenants and the joining of new tenants is agreed to on the basis that the new and remaining tenants assume liability for the condition of the premises and any other obligations and responsibilities the leaving/outgoing tenants had from the start of the tenancy including any existing rent arrears. These terms are recorded clearly in the written variation agreements: “The remaining (including any new tenants that have joined), tenants acknowledge that they are jointly and severely bound in liability to the landlord and they assume liability for the rented properties condition and the report detailing its entry condition and any current and for all covenants contained in the existing tenancy agreement. All parties agree that the leaving/ outgoing tenants are only released from liability after all parties have signed this document and the leaving/ departing tenants have permanently vacated the tenancy premises. The remaining (including any new tenants that have joined), tenants also agree that they accept liability for any existing rent arrears and for the maintenance of a full bond.”
[Tenant 2] said that she received the variations by email and did not read them. However she has signed the variation agreements and in doing so has agreed to the terms they contain. Likewise [Tenant 6] has also signed and agreed to the terms the variations contain. Had either or both [Tenant 2] and [Tenant 6] not signed the agreements the landlord states the variation would not have been agreed to.
[Tenant 2] also said the leaving tenants had not paid their share of the rent and she has had to pay their arrears. She believes they should have been made to pay it from their share of the bond. She understood the rent needed to be up to date for the landlord to agree to the variations. In particular both [Tenant 2] and [Tenant 6] say they did not know that the rent was in arrears at the time the 2 nd variation was signed.
Tenants who enter into a tenancy agreement with others are “jointly liable”. This means that every tenant is liable for all debt, costs, and damage caused by them or any of the other tenants. The landlord may choose to enforce any debt against anyone or more of the tenants. Therefore whether any particular tenants are in arrears at any point in time is a matter between the tenants. The landlord’s concern is whether the rent owed has been paid, not which of the tenants has not paid their share of the rent.
The rent summary shows rent was in arrears when both variations were signed. However that does not mean that the remaining and/or new tenants under the variation agreements are not responsible for the rent arrears. I find the variations are binding, enforceable agreements and that [Tenant 2] and [Tenant 6] are liable to the landlord for all rent in arrears at the end of the tenancy under the 2 nd variation to the tenancy agreement.
I find this is the case regardless of whether the tenants in the 1 st and/or 2 nd variations understood there were rent arrears or not at the time the variations were signed. I am satisfied that the rent summary shows the rent owing and any waiver by the landlord of its condition that the rent must not be in arrears at the time the variations were agreed to, does not mean that the tenants named in the variations as the remaining or new tenants are not liable to pay rent that was in arrears at the time the variations were signed.
I note that if [Tenant 2] or [Tenant 6] have paid rent that they believe should have been paid by other tenants they are able to bring a claim in the Disputes Tribunal for reimbursement of rent paid against the previous tenants.

When did the tenancy end?

The landlord claims rent to 31 October 2022.
The tenancy premises were broken into three times during the tenancy. The third time was just a few days before the tenancy was due to end. The tenants’ view is that the property manager told them on 28 October 2022 they should leave and live elsewhere as it was not a safe place for them to live. On that basis the tenants believe that they are only due to pay rent until that date.
However the messages between the property manager and the tenant confirm the tenants were readying the property to hand it back to the landlord on 31 October and had not given the keys to the landlord before 1 November. I find this evidence is more persuasive that the tenancy ended on 31 October and I find rent is owing to that date.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not remove all rubbish and goods.
The amounts ordered are proved. Filing Fee
As the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A of the RTA provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply). The landlord, who is the successful party, has made an application for suppression and its name and the identifying details of the tenancy are suppressed accordingly.
The Tribunal of its own initiative, having regard to the interests of the parties and to the public interest, orders the tenants’ names under this application and the names of previous tenants under the tenancy agreement and variations, are not to be published. See 95A (4), RTA. 1

Claims and awards in Tenancy Tribunal application 4472846 — net $1,852.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2022	$4,682.29	Rent arrears to 31 October 2022
Rubbish removal	$550.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,852.73
Total payable by Tenant to Landlord	$1,852.73

Order

The Tribunal orders suppression of the Landlord’s and Tenants’ names and identifying details. The names of the previous tenants under the tenancy agreement and variations are also suppressed.
[The tenant/s] must pay [The landlord/s] $1,852.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[The landlord’s representative] for the landlord and [The tenant/s] attended the hearings held to determine the landlord’s claim.
The landlord has applied for rent arrears, compensation for removal of rubbish and goods, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord withdrew its application for compensation for cleaning at the hearing.

How much is owed for rent?

There are two matters in dispute relating to the rent. The first dispute is whether the tenants are liable for all rent owed as there were two changes in tenants during the tenancy as recorded in two separate variations to the tenancy agreement. The second dispute relates to when the tenancy ended.
The tenancy commenced on 27 November 2021 and was for a fixed term to 26 November 2022. The tenancy ended early following a request from the tenants that was agreed to by the landlord. At the end of the tenancy the rent was in arrears. Are the tenants liable for rent arrears under the variations to the tenancy agreement?
A tenancy agreement is a binding contract and a variation to a tenancy agreement can also be a binding contract.
When the tenancy started there were four tenants, being [Tenant 1], [Tenant 2], [Tenant 3] and [Tenant 4]. Two variations to the tenancy agreement took place during the tenancy. Both variations concerned changes to who the tenants are under the tenancy agreement. The variations are both in writing and have identical terms. Both variations are signed by all the tenants involved, that is the leaving tenants, the remaining tenants and the joining tenants as well as the landlord. The variations record: a) Under the first variation (11 March 2022) it was agreed that the three tenants other than [Tenant 2] would leave the tenancy and that two new tenants ([Tenant 5] and [Tenant 6]) would join the tenancy. [Tenant 2] remained as a tenant; [Tenant 6] is [Tenant 2]’s mother. b) Under the second variation (5 May 2021) [Tenant 2] and [Tenant 6] remained as tenants and [Tenant 5] left the tenancy. That meant [Tenant 2] and [Tenant 6] were the only tenants from then until the tenancy ended. I note that [Tenant 7] is shown as a tenant leaving the tenancy in this variation however no documentation showing that he was joined as a tenant under the tenancy agreement has been presented.
The variation agreement terms state that the removal of existing tenants and the joining of new tenants is agreed to on the basis that the new and remaining tenants assume liability for the condition of the premises and any other obligations and responsibilities the leaving/outgoing tenants had from the start of the tenancy including any existing rent arrears. These terms are recorded clearly in the written variation agreements: “The remaining (including any new tenants that have joined), tenants acknowledge that they are jointly and severely bound in liability to the landlord and they assume liability for the rented properties condition and the report detailing its entry condition and any current and for all covenants contained in the existing tenancy agreement. All parties agree that the leaving/ outgoing tenants are only released from liability after all parties have signed this document and the leaving/ departing tenants have permanently vacated the tenancy premises. The remaining (including any new tenants that have joined), tenants also agree that they accept liability for any existing rent arrears and for the maintenance of a full bond.”
[Tenant 2] said that she received the variations by email and did not read them. However she has signed the variation agreements and in doing so has agreed to the terms they contain. Likewise [Tenant 6] has also signed and agreed to the terms the variations contain. Had either or both [Tenant 2] and [Tenant 6] not signed the agreements the landlord states the variation would not have been agreed to.
[Tenant 2] also said the leaving tenants had not paid their share of the rent and she has had to pay their arrears. She believes they should have been made to pay it from their share of the bond. She understood the rent needed to be up to date for the landlord to agree to the variations. In particular both [Tenant 2] and [Tenant 6] say they did not know that the rent was in arrears at the time the 2 nd variation was signed.
Tenants who enter into a tenancy agreement with others are “jointly liable”. This means that every tenant is liable for all debt, costs, and damage caused by them or any of the other tenants. The landlord may choose to enforce any debt against anyone or more of the tenants. Therefore whether any particular tenants are in arrears at any point in time is a matter between the tenants. The landlord’s concern is whether the rent owed has been paid, not which of the tenants has not paid their share of the rent.
The rent summary shows rent was in arrears when both variations were signed. However that does not mean that the remaining and/or new tenants under the variation agreements are not responsible for the rent arrears. I find the variations are binding, enforceable agreements and that [Tenant 2] and [Tenant 6] are liable to the landlord for all rent in arrears at the end of the tenancy under the 2 nd variation to the tenancy agreement.
I find this is the case regardless of whether the tenants in the 1 st and/or 2 nd variations understood there were rent arrears or not at the time the variations were signed. I am satisfied that the rent summary shows the rent owing and any waiver by the landlord of its condition that the rent must not be in arrears at the time the variations were agreed to, does not mean that the tenants named in the variations as the remaining or new tenants are not liable to pay rent that was in arrears at the time the variations were signed.
I note that if [Tenant 2] or [Tenant 6] have paid rent that they believe should have been paid by other tenants they are able to bring a claim in the Disputes Tribunal for reimbursement of rent paid against the previous tenants.

When did the tenancy end?

The landlord claims rent to 31 October 2022.
The tenancy premises were broken into three times during the tenancy. The third time was just a few days before the tenancy was due to end. The tenants’ view is that the property manager told them on 28 October 2022 they should leave and live elsewhere as it was not a safe place for them to live. On that basis the tenants believe that they are only due to pay rent until that date.
However the messages between the property manager and the tenant confirm the tenants were readying the property to hand it back to the landlord on 31 October and had not given the keys to the landlord before 1 November. I find this evidence is more persuasive that the tenancy ended on 31 October and I find rent is owing to that date.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The tenant did not remove all rubbish and goods.
The amounts ordered are proved. Filing Fee
As the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A of the RTA provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply). The landlord, who is the successful party, has made an application for suppression and its name and the identifying details of the tenancy are suppressed accordingly.
The Tribunal of its own initiative, having regard to the interests of the parties and to the public interest, orders the tenants’ names under this application and the names of previous tenants under the tenancy agreement and variations, are not to be published. See 95A (4), RTA. 1

Tenancy Tribunal case 4472846 — Rent arrears

At a glance

Tenancy Tribunal case 4472846 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

When did the tenancy end?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

When did the tenancy end?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions