What was Tenancy Tribunal case 5046650 about?

The tribunal order states: By consent, the Tribunal orders suppression of both Tenant and Landlord names

How much money was awarded in case 5046650?

Filing Fee: $27.00 awarded to landlord; Rent: $7,380.00 awarded to landlord

What type of tenancy dispute was case 5046650?

The dispute type was not classified.

Where can I read the official tribunal order for case 5046650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11116678-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5046650 about?

The tribunal order states: By consent, the Tribunal orders suppression of both Tenant and Landlord names

How much money was awarded in case 5046650?

Filing Fee: $27.00 awarded to landlord; Rent: $7,380.00 awarded to landlord

What type of tenancy dispute was case 5046650?

The dispute type was not classified.

Where can I read the official tribunal order for case 5046650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11116678-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5046650 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5046650 — net $7,407.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 31 December 2024	$7,380.00	Rent to 31 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,407.00
Total payable by Tenant to Landlord	$7,407.00

Both parties attended the hearing.

The landlord seeks rent arrears for the tenant cancelling the fixed term tenancy without consent.

The issues to be decided are: -Had the parties negotiated a binding contract? -Is the landlord entitled to rent arrears?

The onus is on the applicant to prove the claim on the balance of probabilities.

Had the parties negotiated a binding agreement?

A contract is an agreement with specific terms between people or entities in which there is a promise to do something in return for valuable consideration. The existence of a contract requires an offer, an acceptance of that offer, and valuable consideration (which can be a promise or payment in some form). In order to be enforceable, the parties must have intended to be legally bound and the essential terms such as the parties, price and subject matter must be reasonably certain.

While the Residential Tenancies Act 1986 (RTA) provides that every tenancy agreement shall be in writing (section 13 and 13A), it also specifically provides that tenancy agreements are not unenforceable on the grounds that they are not in writing (section 13C RTA).

On 12 October 2024, the landlord accepted an offer by the tenant to rent the premises for $820.00 per week. On 13 October, the parties agreed to a start date of 25 October 2024 and the tenant provide a reference and completed and returned the pre-tenancy application form. On 14 October, the landlord sent a copy of the tenancy agreement to the tenant noting 1 week rent payable in in advance, 3 weeks bond, and a fixed term of one year. The tenant asked for a six month fixed term instead of one year which was agreed by the landlord. The tenant agreed to all other terms when she stated, “Otherwise tenancy looks great.” The tenant was to return the signed tenancy agreement on 19 October but failed to do so. On 21 October, the tenant’s mother contacted the landlord and told him the tenancy was not going ahead as they were going to Wellington. The tenant stated that she could not afford the tenancy on her own.

The tenant does not dispute that she said she would sign the tenancy agreement but failed to do so.

I find that the unsigned tenancy agreement was binding on the parties as all the elements of a binding contract were in place, the essential terms were agreed, valuable consideration or a promise to pay had been made by the tenant, and both parties fully intended to create a landlord and tenant agreement. The fact that the tenant changed her mind does not relieve her of her legal obligations. It was open to the tenant to seek an order from the Tribunal under section 66 of the RTA to reduce the fixed term due to unforeseen hardship rather than unilaterally cancelling the contract without grounds to do so.

Is the landlord entitled to rent arrears?

I find that the tenant is liable for the rent until a new tenant could be found (see section 61(3(b) RTA. The landlord re-advertised immediately and secured a new tenant to start on 1 January 2025. The landlord has provided a copy of the bond lodgement form with a start date of 1 January 2025. The landlord said he had 3 applicants for the premises, but the new tenants were the only suitable candidates after he checked all of the references.

The landlord is seeking 9 weeks lost rent, so I make an order for rent arrears of $7,380.00 as claimed.

As the landlord has succeeded with the claim, the tenant must reimburse the filing fee.

The parties agree to name suppression for each other.

Claims and awards in Tenancy Tribunal application 5046650 — net $7,407.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 31 December 2024	$7,380.00	Rent to 31 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,407.00
Total payable by Tenant to Landlord	$7,407.00

Order

By consent, the Tribunal orders suppression of both Tenant and Landlord names and identifying details.
[The tenant/s] must pay [The landlord/s] $7,407.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing.
The landlord seeks rent arrears for the tenant cancelling the fixed term tenancy without consent.
The issues to be decided are: -Had the parties negotiated a binding contract? -Is the landlord entitled to rent arrears?
The onus is on the applicant to prove the claim on the balance of probabilities.

Had the parties negotiated a binding agreement?

A contract is an agreement with specific terms between people or entities in which there is a promise to do something in return for valuable consideration. The existence of a contract requires an offer, an acceptance of that offer, and valuable consideration (which can be a promise or payment in some form). In order to be enforceable, the parties must have intended to be legally bound and the essential terms such as the parties, price and subject matter must be reasonably certain.
While the Residential Tenancies Act 1986 (RTA) provides that every tenancy agreement shall be in writing (section 13 and 13A), it also specifically provides that tenancy agreements are not unenforceable on the grounds that they are not in writing (section 13C RTA).
On 12 October 2024, the landlord accepted an offer by the tenant to rent the premises for $820.00 per week. On 13 October, the parties agreed to a start date of 25 October 2024 and the tenant provide a reference and completed and returned the pre-tenancy application form. On 14 October, the landlord sent a copy of the tenancy agreement to the tenant noting 1 week rent payable in in advance, 3 weeks bond, and a fixed term of one year. The tenant asked for a six month fixed term instead of one year which was agreed by the landlord. The tenant agreed to all other terms when she stated, “Otherwise tenancy looks great.” The tenant was to return the signed tenancy agreement on 19 October but failed to do so. On 21 October, the tenant’s mother contacted the landlord and told him the tenancy was not going ahead as they were going to Wellington. The tenant stated that she could not afford the tenancy on her own.
The tenant does not dispute that she said she would sign the tenancy agreement but failed to do so.
I find that the unsigned tenancy agreement was binding on the parties as all the elements of a binding contract were in place, the essential terms were agreed, valuable consideration or a promise to pay had been made by the tenant, and both parties fully intended to create a landlord and tenant agreement. The fact that the tenant changed her mind does not relieve her of her legal obligations. It was open to the tenant to seek an order from the Tribunal under section 66 of the RTA to reduce the fixed term due to unforeseen hardship rather than unilaterally cancelling the contract without grounds to do so.

Is the landlord entitled to rent arrears?

I find that the tenant is liable for the rent until a new tenant could be found (see section 61(3(b) RTA. The landlord re-advertised immediately and secured a new tenant to start on 1 January 2025. The landlord has provided a copy of the bond lodgement form with a start date of 1 January 2025. The landlord said he had 3 applicants for the premises, but the new tenants were the only suitable candidates after he checked all of the references.
The landlord is seeking 9 weeks lost rent, so I make an order for rent arrears of $7,380.00 as claimed.
As the landlord has succeeded with the claim, the tenant must reimburse the filing fee.
The parties agree to name suppression for each other.

Tenancy Tribunal case 5046650 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5046650 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Had the parties negotiated a binding agreement?

Is the landlord entitled to rent arrears?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Had the parties negotiated a binding agreement?

Is the landlord entitled to rent arrears?

Topics & place

Residential Tenancies Act sections

Frequently asked questions