How much money was awarded in case 5142871?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5142871?

The dispute type was not classified.

Where can I read the official tribunal order for case 5142871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11454924-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5142871?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5142871?

The dispute type was not classified.

Where can I read the official tribunal order for case 5142871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11454924-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5142871 — Tenancy dispute

Q: What was Tenancy Tribunal case 5142871 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The Tribunal declares that the tenancy at the above address is for a fixed term ending 28 February 2025 and has not been extended.
Slpm Limited As Agent For M Quillan must pay [The tenant/s] $27.00 immediately, being reimbursement of the filing fee.

Reasons

Both parties attended the hearing.
The tenants have applied for an order, effectively in the nature of a declaration, as to the status of any agreement or proposed agreement between the landlord and tenants.
The current tenancy agreement between the parties commenced on 1 March 2024 and has a fixed term contractual end date of 28 February 2025.
The landlord says [The tenant/s] have agreed to extend the fixed term tenancy for 12 months. The landlord has however agreed to end the purported fixed term tenancy earlier provided subsequent tenants are found and the current tenants pay “break lease costs”.
The tenants say they have not extended their fixed term tenancy, or alternatively to be released from the fixed term tenancy if the Tribunal finds the fixed term has been extended.
I note the hearing for this matter was scheduled for 14 February 2025 however the parties indicated that they may be able to reach agreement, therefore I recalled this matter on 17 February 2025. The parties have not been able to resolve the matter, accordingly I indicated I would determine the matter. Relevant legal considerations
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.”
The following provisions of the RTA apply - 13BVariations and renewals of tenancy agreements (1)Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant. (2)The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal. 13CTenancy agreements not unenforceable on grounds not in writing Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.
In relation to termination of fixed term tenancies Section 60A and section 60B of the Act states: 60AFixed-term tenancy becomes periodic unless contrary notice given (1)On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2)However, the tenancy does not continue as a periodic tenancy if,— (a)before the expiry, the parties renew or extend the existing tenancy agreement; or (b)before the expiry, the parties agree not to continue with the tenancy; or (c)within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d)before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry. (2A)The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date. 60BTenant must exercise right to renew or extend tenancy not later than 21 days before expiry (1)A tenant who wishes to exercise a right under the tenancy agreement to require the landlord to grant the tenant a renewal or an extension of the tenancy must exercise that right by giving the landlord written notice, in accordance with this section, of the tenant’s intention to exercise the right. (2)The tenant must give notice of the tenant’s intention not later than the 21st day before the date on which the tenancy would otherwise expire. (3)On an application, made before or after the expiry of the tenancy, by a tenant who has failed to comply with subsection (1) or (2) but who wishes to renew or extend the tenancy, the Tribunal may order the renewal or extension of the tenancy. (4)The Tribunal may make an order under subsection (3) only if satisfied that, without the order, the tenant would suffer greater hardship than the landlord. (5)If the Tribunal makes an order under subsection (3), the Tribunal may order that the tenant pay the landlord an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the landlord that has resulted from the tenant’s failure to comply with subsection (1) or (2). Email Correspondence between parties
The relevant excerpts of the email exchange between the landlord and tenant in relation to the fixed term follows: 20 December 2024 – Landlord to tenant ...Your Lease Agreement for ..., [City] is due to expire on 28/02/2025. Please contact within 7 days, to discuss your options. Regards,... 27 December 2024 - Tenant to landlord Hey ... we are happy to extend the lease for another year. But we are not signing [Two of the tenants] back over, as we are looking for two new flatmates for the end of February when they will officially be off the lease. Cheers... 28 December 2024 - Landlord to tenant ...Many thanks, please retain this email as evidence of mutual agreement to extend the tenancy until 28- 02-2026 at the same rental rate. As to change out of tenants please find attached application form for new to complete as well as change of tenant on agreement and bond forms that will also need sign off by all parties at the time. Please acknowledge this email... 13 January 2025– 2.10pm - Tenant to landlord Hey ... hope you got my voice message, just writing it in email to say that we are unfortunately not able to continue to renew the lease for 2025, sorry if this causes any inconvenience. Let me know where we go from here, thank you!... 13 January 2025 – 3.04pm – Landlord to tenant ... We have already mutually agreed to extend the current tenancy to 28-2-26 with you on 28- 12- 24 as attached. There is no need for people to sign anything new as there was mutual consent to amend the existing agreement with a new end date. As discussed feel free to seek independent advise from Tenancy Services 0800 836262 on this and come back to me. Also as discussed and verbally acknowledged I have sent an email re visiting on Friday the 17 th to inspect... 13 January 2025 – 3.41pm - Tenant to landlord ... Following our phone conversation, I just wanted to clarify a few things about the renewal situation. The way you framed your original email was to write back to discuss options which I did. I suggested being happy to extend the lease, yet we did not confirm and were under the impression we were just “discussing our options” given that is what you initiated and you only gave a 7 day period to do so. Your immediate response was to lock in my email as a “mutual agreement." However, we did not even have a discussion, let alone an agreement. I do not believe there was any “mutual agreement” due to the lack of discussion before any agreement was made. There was no framing of an agreement or confimation of any agreement. Hope this clarifies any misunderstanding.... 13 January 2024 – 3.46pm - Landlord to tenant I do not agree. You sent me an email 27-12-24 saying you wished extend another year. We agreed on 28th. Agreement done. 13 January 2025 – 7.40pm - Tenant to landlord ... I am under the impression that for the renewal to be confirmed, it would require both yours and all of the tenants signatures on the renewal agreement.... 14 January 2025 – 7.47am - Landlord to tenant ... If you read the comments on extend you will see that you only need to tell us you want to, which you did by email. There were no other changes made to the tenancy at that time other than end date. The end date of the tenancy is changed but all other aspects of the agreement remain the same. This only applies to fixed-term tenancy agreements. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement to extend the fixed- term. If the tenant wants to extend the agreement, they must tell the landlord in writing at least 28 days before the end of the fixed-term. Discussion
The key elements of contracts — such as offer, unequivocal acceptance, agreement on fundamental terms, and intention to create legal relations — must be present in tenancy agreements and any variations or extensions.
The tenancy agreement records:
All person over 18 years old occupying the property must be named on the tenancy agreement.
This clause places an obligation on the tenants to ensure that all persons over 18 years old are named in the tenancy agreement. I consider this to be a fundamental term of the tenancy agreement.
The tenant who sent the email on 27 December 2024 advised the landlord he was looking for two new flatmates. The flatmates would need to be added as to the tenancy agreement pursuant to clause 18 of the tenancy agreement. At that time there was in my view no certainty as to who the new occupants would be and therefore no certainty of the fundamental terms of the tenancy agreement moving forward.
I am on the view that the tenant’s first email informs the landlord that they are prepared to extend the fixed term but that that tenant refers to “signing” makes it clear that they saw the extension of the fixed term being finalised on “signing” documentation to confirm the extension.
The landlord was on notice that the tenants were looking for other flatmates/ tenants and I consider he was on notice that the email was not an intention to create a binding fixed term but rather an indication that they would sign a fixed term tenancy when they also signed on two more tenants.
I also consider it relevant that the tenants did not acknowledge the landlord’s subsequent email of 28 December 2024, which confirms to me the tenants did not acknowledge that any agreement had been reached.
Accordingly, on the evidence, I find that the fixed term tenancy has not been extended.
The tenancy is to become periodic on the expiry of the fixed term on 28 February 2025, pursuant to s 60A (1) of the RTA. Filing fee
Because the tenants have wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 1
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 2
The tenants have been wholly successful; accordingly I make an order for name suppression for the tenants.
The landlord sought name suppression; however I consider the public interest supports publication.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.

The Tribunal declares that the tenancy at the above address is for a fixed term ending 28 February 2025 and has not been extended.

Slpm Limited As Agent For M Quillan must pay [The tenant/s] $27.00 immediately, being reimbursement of the filing fee.

Reasons

Both parties attended the hearing.

The tenants have applied for an order, effectively in the nature of a declaration, as to the status of any agreement or proposed agreement between the landlord and tenants.

The current tenancy agreement between the parties commenced on 1 March 2024 and has a fixed term contractual end date of 28 February 2025.

The landlord says [The tenant/s] have agreed to extend the fixed term tenancy for 12 months. The landlord has however agreed to end the purported fixed term tenancy earlier provided subsequent tenants are found and the current tenants pay “break lease costs”.

The tenants say they have not extended their fixed term tenancy, or alternatively to be released from the fixed term tenancy if the Tribunal finds the fixed term has been extended.

I note the hearing for this matter was scheduled for 14 February 2025 however the parties indicated that they may be able to reach agreement, therefore I recalled this matter on 17 February 2025. The parties have not been able to resolve the matter, accordingly I indicated I would determine the matter. Relevant legal considerations

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.”

The following provisions of the RTA apply - 13BVariations and renewals of tenancy agreements (1)Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant. (2)The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal. 13CTenancy agreements not unenforceable on grounds not in writing Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.

In relation to termination of fixed term tenancies Section 60A and section 60B of the Act states: 60AFixed-term tenancy becomes periodic unless contrary notice given (1)On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2)However, the tenancy does not continue as a periodic tenancy if,— (a)before the expiry, the parties renew or extend the existing tenancy agreement; or (b)before the expiry, the parties agree not to continue with the tenancy; or (c)within the effective period, either party gives to the other party written notice of their intention not to continue with the tenancy; or (d)before the expiry, a party gives notice as specified in any of section 50(1)(a) to (ac) that terminates the tenancy on or before the expiry. (2A)The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends on the 21st day before that date. 60BTenant must exercise right to renew or extend tenancy not later than 21 days before expiry (1)A tenant who wishes to exercise a right under the tenancy agreement to require the landlord to grant the tenant a renewal or an extension of the tenancy must exercise that right by giving the landlord written notice, in accordance with this section, of the tenant’s intention to exercise the right. (2)The tenant must give notice of the tenant’s intention not later than the 21st day before the date on which the tenancy would otherwise expire. (3)On an application, made before or after the expiry of the tenancy, by a tenant who has failed to comply with subsection (1) or (2) but who wishes to renew or extend the tenancy, the Tribunal may order the renewal or extension of the tenancy. (4)The Tribunal may make an order under subsection (3) only if satisfied that, without the order, the tenant would suffer greater hardship than the landlord. (5)If the Tribunal makes an order under subsection (3), the Tribunal may order that the tenant pay the landlord an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the landlord that has resulted from the tenant’s failure to comply with subsection (1) or (2). Email Correspondence between parties

The relevant excerpts of the email exchange between the landlord and tenant in relation to the fixed term follows: 20 December 2024 – Landlord to tenant ...Your Lease Agreement for ..., [City] is due to expire on 28/02/2025. Please contact within 7 days, to discuss your options. Regards,... 27 December 2024 - Tenant to landlord Hey ... we are happy to extend the lease for another year. But we are not signing [Two of the tenants] back over, as we are looking for two new flatmates for the end of February when they will officially be off the lease. Cheers... 28 December 2024 - Landlord to tenant ...Many thanks, please retain this email as evidence of mutual agreement to extend the tenancy until 28- 02-2026 at the same rental rate. As to change out of tenants please find attached application form for new to complete as well as change of tenant on agreement and bond forms that will also need sign off by all parties at the time. Please acknowledge this email... 13 January 2025– 2.10pm - Tenant to landlord Hey ... hope you got my voice message, just writing it in email to say that we are unfortunately not able to continue to renew the lease for 2025, sorry if this causes any inconvenience. Let me know where we go from here, thank you!... 13 January 2025 – 3.04pm – Landlord to tenant ... We have already mutually agreed to extend the current tenancy to 28-2-26 with you on 28- 12- 24 as attached. There is no need for people to sign anything new as there was mutual consent to amend the existing agreement with a new end date. As discussed feel free to seek independent advise from Tenancy Services 0800 836262 on this and come back to me. Also as discussed and verbally acknowledged I have sent an email re visiting on Friday the 17 th to inspect... 13 January 2025 – 3.41pm - Tenant to landlord ... Following our phone conversation, I just wanted to clarify a few things about the renewal situation. The way you framed your original email was to write back to discuss options which I did. I suggested being happy to extend the lease, yet we did not confirm and were under the impression we were just “discussing our options” given that is what you initiated and you only gave a 7 day period to do so. Your immediate response was to lock in my email as a “mutual agreement." However, we did not even have a discussion, let alone an agreement. I do not believe there was any “mutual agreement” due to the lack of discussion before any agreement was made. There was no framing of an agreement or confimation of any agreement. Hope this clarifies any misunderstanding.... 13 January 2024 – 3.46pm - Landlord to tenant I do not agree. You sent me an email 27-12-24 saying you wished extend another year. We agreed on 28th. Agreement done. 13 January 2025 – 7.40pm - Tenant to landlord ... I am under the impression that for the renewal to be confirmed, it would require both yours and all of the tenants signatures on the renewal agreement.... 14 January 2025 – 7.47am - Landlord to tenant ... If you read the comments on extend you will see that you only need to tell us you want to, which you did by email. There were no other changes made to the tenancy at that time other than end date. The end date of the tenancy is changed but all other aspects of the agreement remain the same. This only applies to fixed-term tenancy agreements. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement to extend the fixed- term. If the tenant wants to extend the agreement, they must tell the landlord in writing at least 28 days before the end of the fixed-term. Discussion

The key elements of contracts — such as offer, unequivocal acceptance, agreement on fundamental terms, and intention to create legal relations — must be present in tenancy agreements and any variations or extensions.

The tenancy agreement records:

All person over 18 years old occupying the property must be named on the tenancy agreement.

This clause places an obligation on the tenants to ensure that all persons over 18 years old are named in the tenancy agreement. I consider this to be a fundamental term of the tenancy agreement.

The tenant who sent the email on 27 December 2024 advised the landlord he was looking for two new flatmates. The flatmates would need to be added as to the tenancy agreement pursuant to clause 18 of the tenancy agreement. At that time there was in my view no certainty as to who the new occupants would be and therefore no certainty of the fundamental terms of the tenancy agreement moving forward.

I am on the view that the tenant’s first email informs the landlord that they are prepared to extend the fixed term but that that tenant refers to “signing” makes it clear that they saw the extension of the fixed term being finalised on “signing” documentation to confirm the extension.

The landlord was on notice that the tenants were looking for other flatmates/ tenants and I consider he was on notice that the email was not an intention to create a binding fixed term but rather an indication that they would sign a fixed term tenancy when they also signed on two more tenants.

I also consider it relevant that the tenants did not acknowledge the landlord’s subsequent email of 28 December 2024, which confirms to me the tenants did not acknowledge that any agreement had been reached.

Accordingly, on the evidence, I find that the fixed term tenancy has not been extended.

The tenancy is to become periodic on the expiry of the fixed term on 28 February 2025, pursuant to s 60A (1) of the RTA. Filing fee

Because the tenants have wholly succeeded with the claim, I must reimburse the filing fee. Suppression

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 1

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 2

The tenants have been wholly successful; accordingly I make an order for name suppression for the tenants.

The landlord sought name suppression; however I consider the public interest supports publication.

Tenancy Tribunal case 5142871 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5142871 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions