What was Tenancy Tribunal case 4974734 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $123.29 immediately, calculated as

How much money was awarded in case 4974734?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,367.14 awarded to landlord; Water Rates: $129.15 awarded to landlord

What type of tenancy dispute was case 4974734?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963617-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4974734 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $123.29 immediately, calculated as

How much money was awarded in case 4974734?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,367.14 awarded to landlord; Water Rates: $129.15 awarded to landlord

What type of tenancy dispute was case 4974734?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974734?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963617-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4974734 — Rent arrears

Claims and awards in Tenancy Tribunal application 4974734 — net $123.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/24	$2,367.14	Rent arrears to 23/8/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates – July – August 2024	$129.15	Water rates – July – August 2024
Net award	$123.29
Total payable by Tenant to Landlord	$123.29

Claims and awards in Tenancy Tribunal application 4974734 — net $123.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/24	$2,367.14	Rent arrears to 23/8/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates – July – August 2024	$129.15	Water rates – July – August 2024
Net award	$123.29
Total payable by Tenant to Landlord	$123.29

Order

[The tenant/s] must pay [The landlord/s] $123.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for: a. a declaration that the tenancy has been assigned to [The tenant/s], b. rent arrears and water rates, c. payment of the bond, d. reimbursement of the filing fee. Relevant law
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
Section 85 of the RTA requires the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants and to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but it is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities. The Tribunal has determined this application with these provisions in mind.
In the decision that follows I may not have referred to all the evidence provided, but the parties should know that I have considered all the evidence.
I have treated this matter as an application by the landlord to exercise the Tribunal’s jurisdiction pursuant to s 77 of the RTA to determine whether there is or is not, or was or was not at any material time, a tenancy agreement in force between the parties in the proceedings (by way of an assignment of the tenancy) to which the RTA applies, and to determine the terms of any such agreement.
Section 13 of the RTA states: 13Tenancy agreement must be in writing and signed (1)The landlord must ensure that the tenancy agreement is in writing. (2)The landlord must, before the tenancy commences,— (a)sign the tenancy agreement; and (b)provide a copy of the tenancy agreement to the tenant (whether or not the tenant has signed it). (3)The tenant must sign the tenancy agreement.
Section 13 A (1) of the RTA sets out the minimum information that shall be included in every tenancy agreement. This information is: (a)the full name and contact address of the landlord; and (aa)the landlord’s contact mobile telephone number (if any); and (ab)the landlord’s contact email address (if any); and (b)the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and (ba)the tenant’s contact mobile telephone number (if any); and (bb)the tenant’s contact email address (if any); and (c)the address of the premises; and (d)the date of the tenancy agreement; and (e)the date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and (f)the landlord’s address for service; and (g)the tenant’s address for service; and (h)whether the tenant is under the age of 18; and (i)the amount of any bond; and (j)the rent payable; and (k)the frequency of the rent payments; and (l)the place or bank account number where the rent is to be paid; and... (o)a list of any chattels provided by the landlord; and (p)if the tenancy is a fixed-term tenancy, the date on which the term will expire.
Section 43B of the RTA applies to assignment of tenancies. It states: 43BAssignment of tenancy by tenant (1)A tenant may, at any time during the tenancy, assign the tenancy— (a)with the prior written consent of the landlord; and (b)in accordance with any reasonable conditions attached to that consent by the landlord. (2)Subsection (1) does not apply in the circumstances described in section 43A(2). (3)A tenant commits an unlawful act if the tenant assigns the tenancy— (a)without the prior written consent of the landlord; or (b)if the tenancy is a tenancy described in section 53B(1)(a), in contravention of a provision described in section 43A(2). (4)If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time. (5)A landlord who, without reasonable excuse, fails to comply with subsection (4) commits an unlawful act. (6)The landlord must not— (a)withhold consent unreasonably; or (b)attach any unreasonable conditions to the consent. (7)A landlord’s consent must not be taken to have been withheld unreasonably if, instead of consenting to an assignment, the landlord offers to accept a surrender of the tenancy on reasonable terms. (8)A landlord’s consent must be taken to have been withheld unreasonably if the withholding of the consent is an unlawful act under section 12 (discrimination to be unlawful act).
Section 43C of the RTA states: 43C Effect of assignment by tenant (1)A tenant who assigns the tenancy with the consent of the landlord and in accordance with any conditions attached to the consent ceases, on the date on which the assignment takes effect, to be responsible to the landlord for the obligations imposed on the tenant by the agreement and this Act. (2)Subsection (1) does not affect any liability already incurred by the tenant to the landlord for anything done or omitted to be done before the date on which the assignment takes effect.
While the RTA is silent as to the form of the assignment, the RTA requires tenancy agreements to be in writing and signed by the tenant. It follows that this applies to an assignment of a tenancy agreement to a new tenant. Background
On 9 December 2015 the landlord’s entered into a residential tenancy agreement with three tenants, namely [previous tenant 1], [previous tenant 2] and [previous tenant 3]. The tenancy commenced on 12 December 2015. The tenant’s paid a bond of $1,920.00.
On 7 October 2021 the landlords signed a Tenancy Services “Change of tenant” that recorded: a. [previous tenant 4] as a departing tenant. b. [previous tenant 5] and [previous tenant 3] as continuing tenants. c. [previous tenant 1] as a new tenant.
On 14 November 2022 the landlords signed a Tenancy Services “Change of tenant” form that recorded: a. [previous tenant 5] as a departing tenant. b. [previous tenant 3] and [previous tenant 6] as continuing tenants. c. [previous tenant 7] as a new tenant.
[The tenant/s] moved into the premises in December 2023. She did not sign a tenancy agreement, assignment or flatmate agreement at that time.
[The tenant/s] found another flatmate, namely [previous tenant 8].
[Previous tenant 6] left the premises before January 2024.
On 16 January 2024 the landlords signed a Tenancy Services “Change of tenant” form that recorded: a. [previous tenant 6] as a departing tenant. b. [previous tenant 3] as a continuing tenant. c. [The tenant/s] and [previous tenant 8] as new tenants.
When the “Change of tenant” forms were being completed no new tenancy agreements were signed.
On 19 March 2024 the landlord served [The tenant/s] and [previous tenant 8] with a 14 days’ notice to remedy a breach in respect of failing to pay rent.
At some point before 1 June 2024 there was discussions between the landlord and [The tenant/s] as to how she could become the sole tenant.
On 1 June 2024 [previous tenant 1] requested the landlord’s permission to assign the tenancy to [The tenant/s]. The letter requesting the assignment was signed by [previous tenant 1] only and noted that assignment was to take effect from 14 January 2024. [The tenant/s] evidence was she has never had any contact with [previous tenant 1] and that [previous tenant 1] had not been living in the premises for approximately 2 years before she moved in.
On 9 July 2024 there was a discussion between the tenant and the landlord. The discussion was around [The tenant/s] ongoing frustration with [previous tenant 8] residing in the premises.
On 12 July 2024 the landlord served [The tenant/s], [previous tenant 8] and [previous tenant 9] (another flatmate) with a 14 days’ notice to remedy a breach in respect of failing to pay rent. On 23 July 2024 [The tenant/s] responded to the landlord’s email advising that the rent arrears are [previous tenant 8]’s responsibility, and the landlord should address these with her directly.
In July 2024, [The Agent] took over the management of the property. [The landlord’s agent’s representative], as the principal of the agent corresponded with [the tenant/s]. The subsequent correspondence between the agent and [the tenant/s] was about formalising [the tenant/s]’s occupation of the premises by assignment and then entering into a new tenancy agreement.
On 26 July 2024 [the tenant/s] emailed the agent to advise she was giving her two weeks’ notice. I understand she vacated the premises on or about that date. Landlord’s position
The landlord submitted that [the tenant/s], wanted and agreed to become the tenant following the previous tenants leaving the premises.
The landlord submits she effectively accepted the assignment of tenancy as she: a. signed the “Change of tenancy” form to confirm she had paid a portion of the bond, b. occupied the premises, c. arranged for two flat mates to move in, d. had been paying the rent solely to the landlord on behalf of all the flatmates, and e. corresponded with the landlord on behalf of the flatmates.
The landlord seeks that [the tenant/s] is responsible for rent arrears, water rate and any compensation claims following the end of the tenancy, although no specific claims for compensation had been applied for. Tenant’s position
At the hearing [the tenant/s] did not appear to fully appreciate that there was any distinction between a flatmate and tenant or understand the rights and responsibilities of a tenant.
[The tenant/s]’s evidence that she was not willing to sign anything further in relation to the tenancy if [previous tenant 8]’s remained in the home. Analysis
I consider [the tenant/s] accepted the assignment of the tenancy when she signed the “Change of tenant” form on 14 January 2024. The landlord also signed the change of tenant form confirming that the assignment was agreed to.
The “Change of tenant” form records key information about the tenancy and the parties also emailed about payment of rent.
I make a declaration that [the tenant/s] is a tenant subject to the tenancy agreement with the landlord.
While any original tenant’s responsibility under the tenancy agreement may continue, tenants are jointly and severally liable for meeting their obligations under the tenancy. Accordingly, [the tenant/s] has the responsibilities of a tenant under section 40 of the RTA. Rent arrears and Water rates

How much is owed for rent and water rates?

The tenancy ended on 23 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $2,237.14 and the final water rates invoice was $129.15. The bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application has been successful, I have made an order accordingly.
[The tenant/s] sought name suppression. I have granted name suppression as the rent arrears are not significant, and I consider it is not in the public interest to name one tenant and not others in the circumstances. [The tenant/s] also provided personal circumstances which support name suppression being granted.
I consider that there is no public interest in publishing the previous tenants and flatmates names and accordingly make a suppression order of their names. See section 95A of the Residential Tenancies Act 1986

Tenancy Tribunal case 4974734 — Rent arrears

At a glance

Tenancy Tribunal case 4974734 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions