What was Tenancy Tribunal case 4613153 about?

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

How much money was awarded in case 4613153?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4613153?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4613153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9344928-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4613153 about?

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

How much money was awarded in case 4613153?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4613153?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4613153?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9344928-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4613153 — Healthy homes

Order

The Tribunal orders suppression of the parties’ name and identifying details.
The second renewal agreement dated 13 June 2023 is varied to reduce the expiration of the fixed term to two months from today, being 28 October 2023.
No rent increase applies to the tenancy.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants have applied for an order that the landlord is not entitled to increase the rent on a fixed term tenancy. The tenants also claim that there is no fixed heater at the property. Background
The tenants entered into a fixed term tenancy of one year duration on reduction of the fixed-term tenancy due to end on 22 January 2022.
At the end of the fixed term period they renewed for a further six months, to expire on 22 July 2023.
In June 2023, the tenants enquired about a second renewal and the landlord sent the tenants a renewal agreement on 12 June, with a second renewal period noted of 23 July 2023 to 22 March 2024. The proposed agreement, already signed by the landlord, noted that the rent would be ‘same rent”.
The tenants were happy to learn there was to be no rent increase and signed the agreement. Their evidence is that had they known there was to be an increase, they would not have signed the renewal.
The landlord immediately realised it had made a mistake. It had intended to instigate a rent increase. It raised the issue of rent with the tenants, but the tenants took the position the landlords were now bound by the terms of the second renewal.
The landlord offered to release the tenants early from the fixed term, paying rent at the existing amount for a further two months, but that was not accepted by the tenants, who then filed the application after the landlord advised they would be notifying a rent increase. Analysis
The landlord submits that so long as they have waited 12 months, they can increase rent, even where, as here, a fresh fixed term tenancy had only just been signed. They say that s 24(1)(g) of the Residential Tenancies Act 1986 (the RTA) does not apply because the tenancy commenced on 22 January 2022 and there had never been any rent increase.
I do not follow the landlord’s logic. A tenant is entitled to rely on the written terms of a draft agreement as fixing the rent for the next period in reaching their decision as to whether to renew or not. If the landlord could simply instigate a rent increase after a fresh renewal agreement had been signed, a tenant would be bound to remain in the premises for the duration of the fixed term, notwithstanding they had signed the agreement believing there would be no increase.
Under s 78(1)(g) of the RTA, however, the Tribunal has power, where it appears to the Tribunal that an agreement between the parties has been induced by mistake, to make an order varying, or setting aside, the agreement (either wholly or in part).
I am satisfied the landlord made a mistake when the renewal agreement was generated and sent to the tenant with the incorrect rent. The landlord submits that the tenant’s existing rent is now well under market for the building.
I make an order varying the second renewal agreement to reduce the expiration of the fixed term to two months from today, being 28 October 2023. All other terms of the renewal are unchanged so that the tenant continues to pay rent at that agreed amount. The landlord is not to demand any increase of rent during this period. The heating
I decline to make any orders relating to the heating. The tenant claims there is no fixed wall heater at the property, but the landlord has produced a certificate of compliance for the property. The landlord maintains that it has had no complaints from the tenants about this previously and will immediately install a heater if one is not present.
I am unable to establish if the heating standard is met or not based on current information.

Order

The Tribunal orders suppression of the parties’ name and identifying details.
The second renewal agreement dated 13 June 2023 is varied to reduce the expiration of the fixed term to two months from today, being 28 October 2023.
No rent increase applies to the tenancy.
The balance of the claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants have applied for an order that the landlord is not entitled to increase the rent on a fixed term tenancy. The tenants also claim that there is no fixed heater at the property. Background
The tenants entered into a fixed term tenancy of one year duration on reduction of the fixed-term tenancy due to end on 22 January 2022.
At the end of the fixed term period they renewed for a further six months, to expire on 22 July 2023.
In June 2023, the tenants enquired about a second renewal and the landlord sent the tenants a renewal agreement on 12 June, with a second renewal period noted of 23 July 2023 to 22 March 2024. The proposed agreement, already signed by the landlord, noted that the rent would be ‘same rent”.
The tenants were happy to learn there was to be no rent increase and signed the agreement. Their evidence is that had they known there was to be an increase, they would not have signed the renewal.
The landlord immediately realised it had made a mistake. It had intended to instigate a rent increase. It raised the issue of rent with the tenants, but the tenants took the position the landlords were now bound by the terms of the second renewal.
The landlord offered to release the tenants early from the fixed term, paying rent at the existing amount for a further two months, but that was not accepted by the tenants, who then filed the application after the landlord advised they would be notifying a rent increase. Analysis
The landlord submits that so long as they have waited 12 months, they can increase rent, even where, as here, a fresh fixed term tenancy had only just been signed. They say that s 24(1)(g) of the Residential Tenancies Act 1986 (the RTA) does not apply because the tenancy commenced on 22 January 2022 and there had never been any rent increase.
I do not follow the landlord’s logic. A tenant is entitled to rely on the written terms of a draft agreement as fixing the rent for the next period in reaching their decision as to whether to renew or not. If the landlord could simply instigate a rent increase after a fresh renewal agreement had been signed, a tenant would be bound to remain in the premises for the duration of the fixed term, notwithstanding they had signed the agreement believing there would be no increase.
Under s 78(1)(g) of the RTA, however, the Tribunal has power, where it appears to the Tribunal that an agreement between the parties has been induced by mistake, to make an order varying, or setting aside, the agreement (either wholly or in part).
I am satisfied the landlord made a mistake when the renewal agreement was generated and sent to the tenant with the incorrect rent. The landlord submits that the tenant’s existing rent is now well under market for the building.
I make an order varying the second renewal agreement to reduce the expiration of the fixed term to two months from today, being 28 October 2023. All other terms of the renewal are unchanged so that the tenant continues to pay rent at that agreed amount. The landlord is not to demand any increase of rent during this period. The heating
I decline to make any orders relating to the heating. The tenant claims there is no fixed wall heater at the property, but the landlord has produced a certificate of compliance for the property. The landlord maintains that it has had no complaints from the tenants about this previously and will immediately install a heater if one is not present.
I am unable to establish if the heating standard is met or not based on current information.

Tenancy Tribunal case 4613153 — Healthy homes

At a glance

Tenancy Tribunal case 4613153 — Healthy homes

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions