What was the outcome of Tenancy Tribunal case 5015049?

The tribunal order states: Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5015049?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,935.72 awarded to landlord

What type of tenancy dispute was case 5015049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5015049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017573-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5015049?

The tribunal order states: Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective

How much money was awarded in case 5015049?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,935.72 awarded to landlord

What type of tenancy dispute was case 5015049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5015049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017573-Tenancy_Tribunal_Order.pdf.

9 Manawapou Road, Hawera, Hawera 4610 Tenancy Tribunal Case 5015049 — Rent arrears

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9 Manawapou Road, Hawera, Hawera 4610 Tenancy Tribunal Case 5015049 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5015049 — net $2,962.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$2,935.72	Rent arrears to 31 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,962.72
Total payable by Tenant to Landlord	$2,962.72

Claims and awards for application 5015049 — net $2,962.72 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $2,935.72
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,962.72

Total payable by Tenant to Landlord

Landlord $2,962.72

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective $2,962.72 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served. She has been served on an email address given as an email for service on her Bond Form which was shown to me. The hearing proceeded in her absence.
The landlord has applied for rent arrears and reimbursement of the filing fee. Agency
The application is made solely in the name of Mills Gibbon & Co Ltd (MG).
Section 77(1) Residential Tenancies Act 1986 (RTA) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants. The Tribunal must first determine whether MG is a landlord to determine whether it may bring this application.
Section 2(1) RTA defines the meaning of landlord as: landlord, in relation to any residential premises that are the subject of a tenancy agreement means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes- ... (e) an agent of the landlord" [emphasis added]
Therefore, while the owner of the property will usually be the grantor of the tenancy a property management business (often described as an agent) may also be a ‘landlord’ where appropriate.
In deciding whether the agent can bring a claim (or can be liable), the Tribunal has to consider principles of agency. There are two relevant sources of agency law: the common law rules of agency and the extended definition of landlord in s 2(1) RTA.
This tenancy was assigned to the present tenant. While the original tenancy agreement describes MG as an agent and an intermediary acting on behalf of the landlord (owner) on the assignment documentation only the trading name of MG is used to describe the landlord. There is no reference to the owners. I therefore find that under agency law, MG is the landlord.
A detailed discussion, surrounding the law of agency in respect of property managers can be found in Tribunal case [2023] NZTT 4601989, 4654572 (see paragraphs 42 to 63). This decision highlights that even if MG is not a landlord pursuant to the common law rules of agency MG may fall into the extended definition set out above. The bond is held in MG’s name. It collects the rent and does the regular inspections, issues notices and deals with all the day to day management. Taking these factors into account and adopting the reasoning of Adjudicator J P Smith in the above case, I find that the agent is also a ‘landlord’ under the extended definition and may bring this application.

How much is owed for rent?

The tenancy was assigned to the tenant on 3 February 2023. The assignment document sets out that the tenant is liable for rental payments from the day following the assignment being 4 February 2023. Therefore, I consider the tenant to be liable for the rent from this time. The landlord provided rent records which prove the amount owing as at today’s date.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5015049 — net $2,962.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 October 2024	$2,935.72	Rent arrears to 31 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,962.72
Total payable by Tenant to Landlord	$2,962.72

Claims and awards for application 5015049 — net $2,962.72 NZD. Verify on MoJ.

Rent arrears to 31 October 2024

Amount: $2,935.72
Awarded to: Landlord
Reason: Rent arrears to 31 October 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,962.72

Total payable by Tenant to Landlord

Landlord $2,962.72

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Tracey Ratahi must pay Mills Gibbon & Co Ltd T/A First National Collective $2,962.72 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served. She has been served on an email address given as an email for service on her Bond Form which was shown to me. The hearing proceeded in her absence.
The landlord has applied for rent arrears and reimbursement of the filing fee. Agency
The application is made solely in the name of Mills Gibbon & Co Ltd (MG).
Section 77(1) Residential Tenancies Act 1986 (RTA) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants. The Tribunal must first determine whether MG is a landlord to determine whether it may bring this application.
Section 2(1) RTA defines the meaning of landlord as: landlord, in relation to any residential premises that are the subject of a tenancy agreement means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes- ... (e) an agent of the landlord" [emphasis added]
Therefore, while the owner of the property will usually be the grantor of the tenancy a property management business (often described as an agent) may also be a ‘landlord’ where appropriate.
In deciding whether the agent can bring a claim (or can be liable), the Tribunal has to consider principles of agency. There are two relevant sources of agency law: the common law rules of agency and the extended definition of landlord in s 2(1) RTA.
This tenancy was assigned to the present tenant. While the original tenancy agreement describes MG as an agent and an intermediary acting on behalf of the landlord (owner) on the assignment documentation only the trading name of MG is used to describe the landlord. There is no reference to the owners. I therefore find that under agency law, MG is the landlord.
A detailed discussion, surrounding the law of agency in respect of property managers can be found in Tribunal case [2023] NZTT 4601989, 4654572 (see paragraphs 42 to 63). This decision highlights that even if MG is not a landlord pursuant to the common law rules of agency MG may fall into the extended definition set out above. The bond is held in MG’s name. It collects the rent and does the regular inspections, issues notices and deals with all the day to day management. Taking these factors into account and adopting the reasoning of Adjudicator J P Smith in the above case, I find that the agent is also a ‘landlord’ under the extended definition and may bring this application.

How much is owed for rent?

The tenancy was assigned to the tenant on 3 February 2023. The assignment document sets out that the tenant is liable for rental payments from the day following the assignment being 4 February 2023. Therefore, I consider the tenant to be liable for the rent from this time. The landlord provided rent records which prove the amount owing as at today’s date.

Tenancy Tribunal case 5015049 — Rent arrears at 9 Manawapou Road, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 5015049 — Rent arrears at 9 Manawapou Road, Hawera, Hawera 4610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions