What was Tenancy Tribunal case 5261860 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 5261860?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,150.00 awarded to landlord

What type of tenancy dispute was case 5261860?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5261860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12676553-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5261860 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 5261860?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,150.00 awarded to landlord

What type of tenancy dispute was case 5261860?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5261860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12676553-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 206 Old Farm Road, Hamilton East, Hamilton Tenancy Tribunal Case 5261860 — Rent arrears

Claims and awards in Tenancy Tribunal application 5261860 — net $2,177.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2025	$2,150.00	Rent arrears to 8 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,177.00
Bond	$2,800.00
Total payable by Tenant to Landlord	$2,177.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant 1].
[The tenant/s] to pay Online Rentals Limited As Agent For Old Farm Apartment Develop Ltd $2,177.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) immediately apportioned as follows: Online Rentals Limited As Agent For Old Farm Apartment Develop Ltd: $2,177.00 [The tenant/s]: $623.00

Reasons

The landlord attended the hearing. Carson Halliday and [Tenant 1] attended the hearing. Luané Victor did not attend but gave Carson Halliday permission to represent her.
The landlord applied for rent arrears, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants’ application is for refund of the bond and to have the rent arrears claim dismissed. [Tenant 1] advised that he had no part in filing the claim. Mr Halliday advised that he had filed the claim.

How much is owed for rent?

The tenancy was a fixed term tenancy due to end on 18 November 2025. The landlord to the tenants’ request for early termination of the tenancy. The tenancy ended on 8 May 2025.
The landlord provided rent records which prove $2,150.00 was owing at the end of the tenancy.
Mr Halliday claims he and Ms Victor are not liable for their unpaid rent as he was incorrectly told replacement tenants had been found and a new tenancy in their name would begin. He said they found another tenancy to move into and that before they signed the agreement they checked to make sure the replacement tenants/tenancy was going ahead and were told that it was. On that basis they signed the agreement for their new tenancy and then discovered that the proposed replacement tenants had failed their credit check and a replacement tenancy was not starting. He said he and Ms Victor could only afford to pay one rent and chose to pay the rent for their new tenancy.
Mr Halliday claims that as they were misled they have no liability for the rent they have not paid.
It is not disputed that [Tenant 1] paid his rent, being 50% of the rent due, throughout the tenancy.
I find that the landlord did not tell the tenants that replacement tenants had been found and a new tenancy was starting. The landlord presented an email trail with Ms Victor on 19 March 2025, where: a)Ms Victor asks the landlord to confirm the tenancy was being handed over to new people and that they won’t be paying rent for the tenancy with the landlord and the place they are moving to, and b)The landlord replies “I am not able to do that as you are currently on a fixed term tenancy until 18 Nov 2025. At this stage no new tenants have been secured for [the property] which means that your fixed term will continue on as normal. If you sign up for a new property, you may end up being responsible for paying 2 rents at the same time”.
Mr Halliday and Ms Luané stopped paying rent from 26 March 2025 until the end of the tenancy.
I find the tenants are liable for the rent arrears proven by the landlord. An order is made accordingly.
While I am satisfied [Tenant 1] has paid his portion of the rent, the order for rent arrears is also made against him as tenants who enter into a tenancy together are jointly and severally liable. That means that all tenants are equally responsible or liable (even without personal fault) for carrying out the full terms of the contract. If any obligations are breached, such as rent due not being paid, then each tenant is jointly liable with the other tenant/s as well as being separately liable for the breach. Simply put, the landlord may sue just one tenant in relation to the breach or all the tenants, as all the tenants are fully responsible for any breach.
Reimbursement of the filing fee: As the landlord has been successful in its claim the filing fee I must award reimbursement of the filing fee.
Bond: The bond is more than the rent arrears and the filing fee. The remainder of the bond is to be paid to the tenants.
Suppression: The tenants made an application to suppress their names at the hearing. The tenants have not been successful in either application. However I order suppression of [Tenant 1]’s name. He has met his obligations throughout the tenancy. In considering the interests of the parties and the public interest I find it is fair to suppress his name.
I am not satisfied that there is good reason to suppress the names of Mr Halliday or Ms Victor. They have breached their obligation to pay rent regardless that the landlord has clearly informed them that they remained liable to pay rent. Other matter
It appears from Mr Halliday’s submissions at the hearing and what he has written in the application, that there are disputes between the tenants. The Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant, or between a landlord and the guarantor of the tenant, that relates to a residential tenancy to which the RTA applies 1 . The Tenancy Tribunal does not have the jurisdiction to consider and determine disputes between tenants.

Claims and awards in Tenancy Tribunal application 5261860 — net $2,177.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2025	$2,150.00	Rent arrears to 8 May 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,177.00
Bond	$2,800.00
Total payable by Tenant to Landlord	$2,177.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Tenant 1].
[The tenant/s] to pay Online Rentals Limited As Agent For Old Farm Apartment Develop Ltd $2,177.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) immediately apportioned as follows: Online Rentals Limited As Agent For Old Farm Apartment Develop Ltd: $2,177.00 [The tenant/s]: $623.00

Reasons

The landlord attended the hearing. Carson Halliday and [Tenant 1] attended the hearing. Luané Victor did not attend but gave Carson Halliday permission to represent her.
The landlord applied for rent arrears, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants’ application is for refund of the bond and to have the rent arrears claim dismissed. [Tenant 1] advised that he had no part in filing the claim. Mr Halliday advised that he had filed the claim.

How much is owed for rent?

The tenancy was a fixed term tenancy due to end on 18 November 2025. The landlord to the tenants’ request for early termination of the tenancy. The tenancy ended on 8 May 2025.
The landlord provided rent records which prove $2,150.00 was owing at the end of the tenancy.
Mr Halliday claims he and Ms Victor are not liable for their unpaid rent as he was incorrectly told replacement tenants had been found and a new tenancy in their name would begin. He said they found another tenancy to move into and that before they signed the agreement they checked to make sure the replacement tenants/tenancy was going ahead and were told that it was. On that basis they signed the agreement for their new tenancy and then discovered that the proposed replacement tenants had failed their credit check and a replacement tenancy was not starting. He said he and Ms Victor could only afford to pay one rent and chose to pay the rent for their new tenancy.
Mr Halliday claims that as they were misled they have no liability for the rent they have not paid.
It is not disputed that [Tenant 1] paid his rent, being 50% of the rent due, throughout the tenancy.
I find that the landlord did not tell the tenants that replacement tenants had been found and a new tenancy was starting. The landlord presented an email trail with Ms Victor on 19 March 2025, where: a)Ms Victor asks the landlord to confirm the tenancy was being handed over to new people and that they won’t be paying rent for the tenancy with the landlord and the place they are moving to, and b)The landlord replies “I am not able to do that as you are currently on a fixed term tenancy until 18 Nov 2025. At this stage no new tenants have been secured for [the property] which means that your fixed term will continue on as normal. If you sign up for a new property, you may end up being responsible for paying 2 rents at the same time”.
Mr Halliday and Ms Luané stopped paying rent from 26 March 2025 until the end of the tenancy.
I find the tenants are liable for the rent arrears proven by the landlord. An order is made accordingly.
While I am satisfied [Tenant 1] has paid his portion of the rent, the order for rent arrears is also made against him as tenants who enter into a tenancy together are jointly and severally liable. That means that all tenants are equally responsible or liable (even without personal fault) for carrying out the full terms of the contract. If any obligations are breached, such as rent due not being paid, then each tenant is jointly liable with the other tenant/s as well as being separately liable for the breach. Simply put, the landlord may sue just one tenant in relation to the breach or all the tenants, as all the tenants are fully responsible for any breach.
Reimbursement of the filing fee: As the landlord has been successful in its claim the filing fee I must award reimbursement of the filing fee.
Bond: The bond is more than the rent arrears and the filing fee. The remainder of the bond is to be paid to the tenants.
Suppression: The tenants made an application to suppress their names at the hearing. The tenants have not been successful in either application. However I order suppression of [Tenant 1]’s name. He has met his obligations throughout the tenancy. In considering the interests of the parties and the public interest I find it is fair to suppress his name.
I am not satisfied that there is good reason to suppress the names of Mr Halliday or Ms Victor. They have breached their obligation to pay rent regardless that the landlord has clearly informed them that they remained liable to pay rent. Other matter
It appears from Mr Halliday’s submissions at the hearing and what he has written in the application, that there are disputes between the tenants. The Tenancy Tribunal has jurisdiction to hear and determine any dispute between a landlord and a tenant, or between a landlord and the guarantor of the tenant, that relates to a residential tenancy to which the RTA applies 1 . The Tenancy Tribunal does not have the jurisdiction to consider and determine disputes between tenants.

Tenancy Tribunal case 5261860 — Rent arrears at Unit/Flat 1, 206 Old Farm Road, Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 5261860 — Rent arrears at Unit/Flat 1, 206 Old Farm Road, Hamilton East, Hamilton

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions