What was Tenancy Tribunal case 4752334 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4752334?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752334?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9988491-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752334 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4752334?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4752334?

The dispute type was not classified.

Where can I read the official tribunal order for case 4752334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9988491-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4752334 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. I joined the owner as a party to the application.

The tenant and the property manager signed a fixed term tenancy agreement. The term of the agreement is for two years. This two year term was very clearly stipulated by the tenant in the negotiations and in the drafting process. The tenant signed the tenancy agreement on 19 October 2023 and the tenant moved in on 28 November 2023. The two year term ends in November 2025.

After the tenant signed the agreement, and before the tenancy commenced, the owner went to the property management company. The two year term was discussed and the owner stated that he had not given permission for the property manager to enter into an agreement for two years. The tenant was contacted and an offer made to cover her costs if she agreed not to move into the tenancy premises. The tenant did not agree because she loves the house and the opportunities it will give her family.

The property management company filed an application with the Tribunal. It wants an order under section 78(1)(g) of the Residential Tenancies Act 1986 (RTA) that the fixed term part of the agreement be set aside because the agreement was induced by a mistake. In essence the submission is that the property manager made a mistake when she signed the tenancy agreement because she should have checked the two year term with the owner. This is the landlord’s claim to prove.

I have considered the evidence provided by both parties, the submissions made at the hearing and the evidence of the owner. It is clear to me that the property manager had authority from the owner to sign a tenancy agreement. The two year fixed term was not a mistake because the property manager and the tenant intended to sign an agreement allowing the tenant to live there for two years. I do not find there was a mistake when the tenancy agreement was signed.

The length of the term only became an issue when the owner subsequently met with the property management company. It seems most likely to me this is a question of agency, however the extent of the agency instructions from the owner to the property manager is not a matter the Tenancy Tribunal can decide.

This means the landlord’s application is dismissed.

I have used my discretion to allow suppression for all parties. This is because parties are encouraged to use the Tribunal to resolve disputes, and any public interest is in the law rather than the names. See section 95A RTA.

Reasons

Both parties attended the hearing. I joined the owner as a party to the application.

This means the landlord’s application is dismissed.

Tenancy Tribunal case 4752334 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4752334 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions