What was Tenancy Tribunal case 5115009 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 5115009?

Filing Fee: $27.00 awarded to tenant; Reimbursement Of The Cost To Install…: $199.00 awarded to tenant

What type of tenancy dispute was case 5115009?

The dispute type was not classified.

Where can I read the official tribunal order for case 5115009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12059221-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5115009 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 5115009?

Filing Fee: $27.00 awarded to tenant; Reimbursement Of The Cost To Install…: $199.00 awarded to tenant

What type of tenancy dispute was case 5115009?

The dispute type was not classified.

Where can I read the official tribunal order for case 5115009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12059221-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5115009 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5115009 — net $226.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of the cost to install a smart meter	$199.00	Reimbursement of the cost to install a smart meter
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$226.00
Total payable by Landlord to Tenant	$226.00

Both parties attended the hearing. Mr Evans, a director of the company, represented the landlord.

The tenants have claimed reimbursement for the cost of installing a smart meter, and the filing fee. In support of the claim the tenant who paid the installation fee said he asked Stacey Goodall, his property manager at the time, if the owner would agree to pay the cost of installing a smart meter. On 30 June 2023 Ms Goodall replied in writing that the owner had approved the installation and would reimburse $199 to the tenants. The email is very clear about the payment of $199. There was a change of property manager soon after and the tenant never got paid.

Mr Evans said he remembers the request for a smart meter but said he did not agree to pay for the installation.

I find the tenant has proved the property manager agreed to reimburse the $199. The next question is who should pay – the owner or the property manager at the time?

There are two relevant sources of agency law - the common law rules of agency, and the definition of landlord in s 2(1) Residential Tenancies Act 1986 (RTA). Section 2(1) RTA defines the meaning of agent and landlord as: agent, in relation to any person who is a landlord or a tenant, means an agent of that person in that person’s capacity as landlord or tenant; and includes an employee of that person in that person’s capacity as landlord or tenant 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"

The District Court held in the case of Mumby v Gary Brown Realty Ltd [2011] DCR 420, that “the law is no different for agents acting under the Residential Tenancies Act than agents acting in any other capacity” (at para [31]).

The primary common law rule is that an agent who only acts as an intermediary for a principal (the owner) is not a party to the contract between the principal and the other party (the tenant). Whether an agent is acting as an intermediary depends on the intention of the parties, which is determined objectively from the words used in the contract (the tenancy agreement) and the background facts.

An agent who puts their unqualified name on a contract will usually be personally liable, even if the other party knows they are acting as an agent. On the other hand, use of qualifying words such as ‘as agent for’ on ‘on behalf of’ will usually be taken to mean the agent is acting as an intermediary.

The tenancy agreement signed by the tenants provides this -

I find the tenancy agreement makes it clear the property manager was acting as an agent (an intermediary) on behalf of the owner on 30 June 2023. This means the owner is bound by the promise to reimburse and should pay the $199 to the tenants.

If the owner does not agree the agent acted with authority then it may have a claim in another jurisdiction, such as the Disputes Tribunal. That is not something I can decide because the RTA restricts my jurisdiction to issues between landlords and tenants. See section 77 RTA. Other orders

Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee.

The tenants have made an application for suppression. This is allowed because the tenants are the most successful party. The landlord’s name is published because there is public interest in names when the Tribunal makes orders for the payment of money. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5115009 — net $226.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Reimbursement of the cost to install a smart meter	$199.00	Reimbursement of the cost to install a smart meter
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$226.00
Total payable by Landlord to Tenant	$226.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
R & C Evans Investments Limited must pay [The tenant/s] $226.00 immediately, calculated as shown in table below:

Reasons

Both parties attended the hearing. Mr Evans, a director of the company, represented the landlord.
The tenants have claimed reimbursement for the cost of installing a smart meter, and the filing fee. In support of the claim the tenant who paid the installation fee said he asked Stacey Goodall, his property manager at the time, if the owner would agree to pay the cost of installing a smart meter. On 30 June 2023 Ms Goodall replied in writing that the owner had approved the installation and would reimburse $199 to the tenants. The email is very clear about the payment of $199. There was a change of property manager soon after and the tenant never got paid.
Mr Evans said he remembers the request for a smart meter but said he did not agree to pay for the installation.
I find the tenant has proved the property manager agreed to reimburse the $199. The next question is who should pay – the owner or the property manager at the time?
There are two relevant sources of agency law - the common law rules of agency, and the definition of landlord in s 2(1) Residential Tenancies Act 1986 (RTA). Section 2(1) RTA defines the meaning of agent and landlord as: agent, in relation to any person who is a landlord or a tenant, means an agent of that person in that person’s capacity as landlord or tenant; and includes an employee of that person in that person’s capacity as landlord or tenant 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"
The District Court held in the case of Mumby v Gary Brown Realty Ltd [2011] DCR 420, that “the law is no different for agents acting under the Residential Tenancies Act than agents acting in any other capacity” (at para [31]).
The primary common law rule is that an agent who only acts as an intermediary for a principal (the owner) is not a party to the contract between the principal and the other party (the tenant). Whether an agent is acting as an intermediary depends on the intention of the parties, which is determined objectively from the words used in the contract (the tenancy agreement) and the background facts.
An agent who puts their unqualified name on a contract will usually be personally liable, even if the other party knows they are acting as an agent. On the other hand, use of qualifying words such as ‘as agent for’ on ‘on behalf of’ will usually be taken to mean the agent is acting as an intermediary.
The tenancy agreement signed by the tenants provides this -
I find the tenancy agreement makes it clear the property manager was acting as an agent (an intermediary) on behalf of the owner on 30 June 2023. This means the owner is bound by the promise to reimburse and should pay the $199 to the tenants.
If the owner does not agree the agent acted with authority then it may have a claim in another jurisdiction, such as the Disputes Tribunal. That is not something I can decide because the RTA restricts my jurisdiction to issues between landlords and tenants. See section 77 RTA. Other orders
Because the tenants have substantially succeeded with the claim I have reimbursed the filing fee.
The tenants have made an application for suppression. This is allowed because the tenants are the most successful party. The landlord’s name is published because there is public interest in names when the Tribunal makes orders for the payment of money. See section 95A RTA.

Tenancy Tribunal case 5115009 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5115009 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions