What was Tenancy Tribunal case 4925993 about?

The tribunal order states: The claim for the filing fee is dismissed.

How much money was awarded in case 4925993?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925993?

The dispute type was not classified.

Where can I read the official tribunal order for case 4925993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10728789-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4925993 about?

The tribunal order states: The claim for the filing fee is dismissed.

How much money was awarded in case 4925993?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925993?

The dispute type was not classified.

Where can I read the official tribunal order for case 4925993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10728789-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4925993 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. The only claim remaining is for the filing fee. This is usually reimbursed to the party who has succeeded (or substantially succeeded) with the claim. Both parties made submissions.

The Tribunal may make any orders that the High Court or District Court may make under any enactment or rule of law relating to contracts. This includes equitable remedies such as estoppel. See section 78(1)(h) Residential Tenancies Act 1986.

A party claiming an equitable estoppel must establish that: a. A belief or expectation has been created or encouraged through some action, representation, or omission to act by the other party; b. The belief or expectation has been reasonably relied on to their detriment; c. It would be unconscionable for the party against whom the estoppel is alleged to depart from the belief or expectation.

The underlying principle of equitable estoppel is to prevent the exercise of strict legal rights in circumstances where the exercise of them would be unconscionable. This principle is entirely consistent with the jurisdiction of the Tenancy Tribunal (Stella & Carey v Bay of Islands Realty Limited & Kirkman [2016] NZTT Kaikohe 4051975 & 4053657), in particular s 85(2) RTA, provides that: The Tribunal shall determine each dispute according to the general principles of law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

The parties exchanged many emails after the application was filed and before the hearing. On 22 July the landlord wrote

The tenant paid as agreed. There is no mention of the filing fee in the email. The landlord did not withdraw the application.

I find the landlord encouraged the tenant to settle the claims by his representation that the matter would be “closed”. The tenant paid the money, even though he still has doubts about whether the claims are fair. He paid because he does not want his name to be published. I find the tenant potentially acted to his detriment, because he opted to pay rather than have a Tribunal hearing. I find it would be unconscionable for the tenant to depart from his expectation that the matter would be withdrawn. The landlord is estopped from claiming the filing fee.

The tenant’s application for suppression is allowed because the tenant is the most successful party.

Reasons

The parties exchanged many emails after the application was filed and before the hearing. On 22 July the landlord wrote

The tenant paid as agreed. There is no mention of the filing fee in the email. The landlord did not withdraw the application.

The tenant’s application for suppression is allowed because the tenant is the most successful party.

Tenancy Tribunal case 4925993 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4925993 — 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