What was Tenancy Tribunal case 5110468 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5110468?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5110468?

The dispute type was not classified.

Where can I read the official tribunal order for case 5110468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11550544-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5110468 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5110468?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5110468?

The dispute type was not classified.

Where can I read the official tribunal order for case 5110468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11550544-Tribunal_Order_Redacted.pdf.

8A Levy Street, Mount Victoria, Wellington 6011 Tenancy Tribunal Case 5110468 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[Tenant 1] was a tenant from 30 September 2024 until the end of the tenancy on 1 March 2025 and was jointly and severally liable for the tenancy.
[Tenant 2] was released from the fixed term tenancy on 30 September 2024.
The Tenancy Tribunal does not have the jurisdiction to decide the dispute between [Tenant 3], [Tenant 4] and [Tenant 1].
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by a property manager.
The parties had a fixed term tenancy that started in 2022. In 2024 one of the tenants named on the tenancy agreement asked how to go about moving out and finding a replacement tenant. The property manager replied that the tenant should advertise, find a replacement tenant, and have everyone sign a change of tenant form. This was done. The replacement tenant ([Tenant 1]) moved in and moved out the next day. He did not pay any rent. The tenants have filed an application for compensation because they think the property manager should take some responsibility for the additional rent and costs they paid after [Tenant 1] moved out. The questions I have to decide are: • Can I decide the dispute between [Tenant 1] and the other tenants? • Was [Tenant 1] a tenant? • Is the property manager responsible for the loss? Can I decide the dispute between [Tenant 1] and the other tenants?
Section 77(1) of the Residential Tenancies Act 1986 (RTA) states that I can decide disputes between landlords and tenants. I do not have any jurisdiction to decide dispute between tenants or between tenants and flatmates. This means I can consider the current claim, which is against the landlord. I also find I can decide if [Tenant 1] was a tenant because this is an important part of the current application. Was [Tenant 1] a tenant?
The tenants submitted that [Tenant 1] became a tenant once he paid the bond to the tenant who moved out, moved in, and signed the change of tenant form. [Tenant 1] submitted that there was never a “meeting of minds” because he revoked his decision to become a tenant before all the tenants and the property manager signed the change of tenant form. He also submitted that the RTA requires a variation of tenancy to be signed.
I have considered the submissions and the supporting documents. I have not had regard to [Tenant 1]’s contemporaneous notes taken at mediation because mediation is confidential.
The text messages between the tenant who moved out and [Tenant 1] are especially helpful. [Tenant 1] viewed the house and the room on Saturday 28 September. On Sunday he asked if he could move in. The tenant moving out replied that the others were happy for him to move in, and said: There’s just a couple of things that’ll need to get sorted out. Change of tenant papers and bond. I can send you an email with the change of tenancy papers today and I can give you the key tomorrow as well as the bank details on where to pay rent.
On 30 September [Tenant 1] paid the bond. I find there was meeting of minds before [Tenant 1] moved in, when he accepted the offer to rent the room, and paid money. This means [Tenant 1] was a tenant from 30 September 2024.
There was a long discussion at the hearing about the change of tenant form and whether everyone had signed the form before [Tenant 1] said he was moving out. I am not persuaded the dates the other parties signed the change of tenant form are significant because there was already a tenancy contract at the point [Tenant 1] moved in. I am not persuaded by [Tenant 1]’s submission there was a trial period because there is nothing supporting a trial in the text messages. I am not persuaded [Tenant 1] thought he was signing a flatmate agreement because the word “tenant” rather than “flatmate” is used in the text messages, and [Tenant 1] saw and signed a change of tenant form.
Section 13B RTA sets out that every variation of a tenancy agreement must be in writing and signed by the parties. This change of tenant was a variation of the original tenancy agreement and I accept [Tenant 1]’s submission the property manager should have provided a variation. However, section 13C RTA provides that no variation shall be unenforceable on the grounds that it is not in writing, which means the agreement to rent the room on 30 September can be enforced.
I find [Tenant 1] was a tenant from 30 September 2024 until the fixed term tenancy ended on 1 March 2025. He was jointly and severally liable with the other two tenants during this time.

Is the property manager responsible for the loss?

The tenants submitted that the property manager did not handle the situation well on and after 2 October, when [Tenant 1] contacted her and the others “revoking” his decision to become a tenant. The tenants have claimed compensation because they could not relet the room. I have read the correspondence. There is one email from one of the tenants to the property manager dated 3 October 2024 asking: I only received the contract for me to sign today so I have not yet signed it and passed it on but it does have his signature on it. Is that a valid contract? The property manager replied: No the only valid contract comes from me. I find this was not the correct legal position because the property manager had allowed the tenants to use their own process to find a replacement tenant and [Tenant 1]’s agreement to move in was a contract. She should have made further enquiries if she was not sure of the correct legal position. I accept that this exchange created uncertainty.
The property manager was otherwise helpful because she allowed the remaining tenants to mitigate, tried to get [Tenant 1] to sign another change of tenant form, and arranged a rent reduction of $100 a week. Taken together, I am not persuaded there was a breach by the landlord. The claim for compensation is dismissed. Other orders
The tenants have not succeeded in their claim against the landlord so there is no reimbursement of the filing fee.
I am using my discretion to allow suppression for both parties. This is because there has been no breach of the RTA, so any public interest is in the law and not the names. See section 95A RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[Tenant 1] was a tenant from 30 September 2024 until the end of the tenancy on 1 March 2025 and was jointly and severally liable for the tenancy.
[Tenant 2] was released from the fixed term tenancy on 30 September 2024.
The Tenancy Tribunal does not have the jurisdiction to decide the dispute between [Tenant 3], [Tenant 4] and [Tenant 1].
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by a property manager.
The parties had a fixed term tenancy that started in 2022. In 2024 one of the tenants named on the tenancy agreement asked how to go about moving out and finding a replacement tenant. The property manager replied that the tenant should advertise, find a replacement tenant, and have everyone sign a change of tenant form. This was done. The replacement tenant ([Tenant 1]) moved in and moved out the next day. He did not pay any rent. The tenants have filed an application for compensation because they think the property manager should take some responsibility for the additional rent and costs they paid after [Tenant 1] moved out. The questions I have to decide are: • Can I decide the dispute between [Tenant 1] and the other tenants? • Was [Tenant 1] a tenant? • Is the property manager responsible for the loss? Can I decide the dispute between [Tenant 1] and the other tenants?
Section 77(1) of the Residential Tenancies Act 1986 (RTA) states that I can decide disputes between landlords and tenants. I do not have any jurisdiction to decide dispute between tenants or between tenants and flatmates. This means I can consider the current claim, which is against the landlord. I also find I can decide if [Tenant 1] was a tenant because this is an important part of the current application. Was [Tenant 1] a tenant?
The tenants submitted that [Tenant 1] became a tenant once he paid the bond to the tenant who moved out, moved in, and signed the change of tenant form. [Tenant 1] submitted that there was never a “meeting of minds” because he revoked his decision to become a tenant before all the tenants and the property manager signed the change of tenant form. He also submitted that the RTA requires a variation of tenancy to be signed.
I have considered the submissions and the supporting documents. I have not had regard to [Tenant 1]’s contemporaneous notes taken at mediation because mediation is confidential.
The text messages between the tenant who moved out and [Tenant 1] are especially helpful. [Tenant 1] viewed the house and the room on Saturday 28 September. On Sunday he asked if he could move in. The tenant moving out replied that the others were happy for him to move in, and said: There’s just a couple of things that’ll need to get sorted out. Change of tenant papers and bond. I can send you an email with the change of tenancy papers today and I can give you the key tomorrow as well as the bank details on where to pay rent.
On 30 September [Tenant 1] paid the bond. I find there was meeting of minds before [Tenant 1] moved in, when he accepted the offer to rent the room, and paid money. This means [Tenant 1] was a tenant from 30 September 2024.
There was a long discussion at the hearing about the change of tenant form and whether everyone had signed the form before [Tenant 1] said he was moving out. I am not persuaded the dates the other parties signed the change of tenant form are significant because there was already a tenancy contract at the point [Tenant 1] moved in. I am not persuaded by [Tenant 1]’s submission there was a trial period because there is nothing supporting a trial in the text messages. I am not persuaded [Tenant 1] thought he was signing a flatmate agreement because the word “tenant” rather than “flatmate” is used in the text messages, and [Tenant 1] saw and signed a change of tenant form.
Section 13B RTA sets out that every variation of a tenancy agreement must be in writing and signed by the parties. This change of tenant was a variation of the original tenancy agreement and I accept [Tenant 1]’s submission the property manager should have provided a variation. However, section 13C RTA provides that no variation shall be unenforceable on the grounds that it is not in writing, which means the agreement to rent the room on 30 September can be enforced.
I find [Tenant 1] was a tenant from 30 September 2024 until the fixed term tenancy ended on 1 March 2025. He was jointly and severally liable with the other two tenants during this time.

Is the property manager responsible for the loss?

The tenants submitted that the property manager did not handle the situation well on and after 2 October, when [Tenant 1] contacted her and the others “revoking” his decision to become a tenant. The tenants have claimed compensation because they could not relet the room. I have read the correspondence. There is one email from one of the tenants to the property manager dated 3 October 2024 asking: I only received the contract for me to sign today so I have not yet signed it and passed it on but it does have his signature on it. Is that a valid contract? The property manager replied: No the only valid contract comes from me. I find this was not the correct legal position because the property manager had allowed the tenants to use their own process to find a replacement tenant and [Tenant 1]’s agreement to move in was a contract. She should have made further enquiries if she was not sure of the correct legal position. I accept that this exchange created uncertainty.
The property manager was otherwise helpful because she allowed the remaining tenants to mitigate, tried to get [Tenant 1] to sign another change of tenant form, and arranged a rent reduction of $100 a week. Taken together, I am not persuaded there was a breach by the landlord. The claim for compensation is dismissed. Other orders
The tenants have not succeeded in their claim against the landlord so there is no reimbursement of the filing fee.
I am using my discretion to allow suppression for both parties. This is because there has been no breach of the RTA, so any public interest is in the law and not the names. See section 95A RTA.

Tenancy Tribunal case 5110468 — Tenancy dispute at 8A Levy Street, Mount Victoria, Wellington 6011

At a glance

Claims & awards

Tenancy Tribunal case 5110468 — Tenancy dispute at 8A Levy Street, Mount Victoria, Wellington 6011

At a glance

Claims & awards

Order

Reasons

Is the property manager responsible for the loss?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the property manager responsible for the loss?

Topics & place

Residential Tenancies Act sections

Frequently asked questions