What was Tenancy Tribunal case 5322079 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 5322079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322079?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5322079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301434-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5322079 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 5322079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322079?

The primary dispute was Rent arrears. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5322079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12301434-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5322079 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
By way of declaration there was no tenancy agreement between [The tenant/s] and her partner and [The landlord/s].
Application 5322079 is dismissed, and the Interim Order of the Tribunal dated 15 August 2025 lapses.
Application 5328972 is closed unless the landlord requests that the application be brought back before the Tribunal and re-opened.

Reasons

Both parties attended the hearing.
[The tenant/s] sought a declaration that she had a tenancy agreement with [The landlord/s], application 5322079.
However, [The tenant/s] no longer wanted possession of the premises, having moved out on 12/5/2025.
The landlord sought confirmation there was no tenancy agreement with [The tenant/s] and exemplary damages against [The tenant/s] and her partner for harassment, application 5328972. Application 5322079
In support of her claim [The tenant/s] provided transaction details from a bank between 18/3/ and 27/6/2025 to a [The landlord/s] account for the premises.
In addition, [The tenant/s] provided copies of text messages with a third party she believed was acting on behalf of the landlord, a blank signed transfer form for WINZ and an undated text message between herself and the landlord.
[The tenant/s] submitted that she and her partner moved into the premises around the end of January 2025 at the behest of a person she thought was acting for the landlord.
However, [The tenant/s] agreed she did not sign a written tenancy agreement.
At the time she moved into the premises there was another tenant living there who had been doing so for some time.
In response, the landlord disputed that there was any tenancy with [The tenant/s] or her partner, or that anyone had been acting on her behalf with regard to finding another tenant.
Rather the landlord suggested she had been told by the existing tenant that he was seeking help from WINZ to pay the extra rent to cover what his previous flatmate had been paying before he was sent to prison.
The landlord provided rent records and accepted that irregular amounts had been direct credited for rent.
However, until she visited the property on 26/5/2025, after the Tribunal had terminated the tenancy on the grounds of rent arrears, the landlord suggested she was unaware of [The tenant/s] or her partner living at the premises.
Section 2 defines what is meant by landlord, tenant, tenancy agreement and rent.
There is no dispute that there is no written tenancy agreement between the parties.
However, the evidence does support that [The tenant/s] likely paid rent for the premises, albeit without the knowledge of the landlord. Discussion
This is a civil jurisdiction which means when looking at the claims the standard of proof is on the balance of probabilities. Put simply this means that [The tenant/s] must establish, with evidence, that her claim is more likely than not.
The Tribunal does not need to be completely certain. All evidence presented is considered and weighed to decide what is more likely.
Where there are serious allegations, or important issues at stake, such as in this case the Tribunal needs a level of supporting evidence benefitting the matters to be decided.
Although I have not referred to all the evidence presented at the hearings the parties can be assured that it has been considered. For the purposes of conciseness only the most relevant or important evidence has been referred to.
The onus is on the applicant, in this case the [The tenant/s], to provide the necessary evidence to support her claim. If she fails to do so then the application will be dismissed, whether it has merit or not.
Unfortunate as it may be for [The tenant/s] I am not persuaded by the evidence provided that it is more likely than not there was a verbal tenancy agreement between herself and her partner and the landlord.
The fact that [The tenant/s] paid rent to the landlord’s account raises a presumption of a tenancy, but I consider due to the lack of identification of who the payments were on behalf of meant it was reasonable for the landlord to assume the payments were for the existing tenant who had a tenancy agreement.
Nor am I satisfied there is any evidence to support that a third party was acting on behalf of the landlord.
Indeed, the text from that third party to [The tenant/s] telling her to vacate the property by 14 March would suggest otherwise.
Moreover, the fact that the landlord obtained a termination order on 26/5/2025 against the existing tenant does support that she was aware of anyone else being in the premises.
The claim by [The tenant/s] fails. Application 5328972
Based on the decision finding [The tenant/s] was not a tenant I have closed application 5328972.
This is because the Tribunal does not have jurisdiction to consider an application against a party who is not a tenant.
However, if the landlord wishes to pursue her application against the former existing tenant, she may request that the application be re-opened.
No filing fees are awarded because [The tenant/s] was not successful and the landlord only partly successful.
This has been a difficult and unfortunate situation for both parties, compounded by the publicity engendered and the actions of a third party.
I have therefore suppressed the names of both parties pursuant to section 95A(4) because I consider it is in both their interests to do so.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
By way of declaration there was no tenancy agreement between [The tenant/s] and her partner and [The landlord/s].
Application 5322079 is dismissed, and the Interim Order of the Tribunal dated 15 August 2025 lapses.
Application 5328972 is closed unless the landlord requests that the application be brought back before the Tribunal and re-opened.

Reasons

Both parties attended the hearing.
[The tenant/s] sought a declaration that she had a tenancy agreement with [The landlord/s], application 5322079.
However, [The tenant/s] no longer wanted possession of the premises, having moved out on 12/5/2025.
The landlord sought confirmation there was no tenancy agreement with [The tenant/s] and exemplary damages against [The tenant/s] and her partner for harassment, application 5328972. Application 5322079
In support of her claim [The tenant/s] provided transaction details from a bank between 18/3/ and 27/6/2025 to a [The landlord/s] account for the premises.
In addition, [The tenant/s] provided copies of text messages with a third party she believed was acting on behalf of the landlord, a blank signed transfer form for WINZ and an undated text message between herself and the landlord.
[The tenant/s] submitted that she and her partner moved into the premises around the end of January 2025 at the behest of a person she thought was acting for the landlord.
However, [The tenant/s] agreed she did not sign a written tenancy agreement.
At the time she moved into the premises there was another tenant living there who had been doing so for some time.
In response, the landlord disputed that there was any tenancy with [The tenant/s] or her partner, or that anyone had been acting on her behalf with regard to finding another tenant.
Rather the landlord suggested she had been told by the existing tenant that he was seeking help from WINZ to pay the extra rent to cover what his previous flatmate had been paying before he was sent to prison.
The landlord provided rent records and accepted that irregular amounts had been direct credited for rent.
However, until she visited the property on 26/5/2025, after the Tribunal had terminated the tenancy on the grounds of rent arrears, the landlord suggested she was unaware of [The tenant/s] or her partner living at the premises.
Section 2 defines what is meant by landlord, tenant, tenancy agreement and rent.
There is no dispute that there is no written tenancy agreement between the parties.
However, the evidence does support that [The tenant/s] likely paid rent for the premises, albeit without the knowledge of the landlord. Discussion
This is a civil jurisdiction which means when looking at the claims the standard of proof is on the balance of probabilities. Put simply this means that [The tenant/s] must establish, with evidence, that her claim is more likely than not.
The Tribunal does not need to be completely certain. All evidence presented is considered and weighed to decide what is more likely.
Where there are serious allegations, or important issues at stake, such as in this case the Tribunal needs a level of supporting evidence benefitting the matters to be decided.
Although I have not referred to all the evidence presented at the hearings the parties can be assured that it has been considered. For the purposes of conciseness only the most relevant or important evidence has been referred to.
The onus is on the applicant, in this case the [The tenant/s], to provide the necessary evidence to support her claim. If she fails to do so then the application will be dismissed, whether it has merit or not.
Unfortunate as it may be for [The tenant/s] I am not persuaded by the evidence provided that it is more likely than not there was a verbal tenancy agreement between herself and her partner and the landlord.
The fact that [The tenant/s] paid rent to the landlord’s account raises a presumption of a tenancy, but I consider due to the lack of identification of who the payments were on behalf of meant it was reasonable for the landlord to assume the payments were for the existing tenant who had a tenancy agreement.
Nor am I satisfied there is any evidence to support that a third party was acting on behalf of the landlord.
Indeed, the text from that third party to [The tenant/s] telling her to vacate the property by 14 March would suggest otherwise.
Moreover, the fact that the landlord obtained a termination order on 26/5/2025 against the existing tenant does support that she was aware of anyone else being in the premises.
The claim by [The tenant/s] fails. Application 5328972
Based on the decision finding [The tenant/s] was not a tenant I have closed application 5328972.
This is because the Tribunal does not have jurisdiction to consider an application against a party who is not a tenant.
However, if the landlord wishes to pursue her application against the former existing tenant, she may request that the application be re-opened.
No filing fees are awarded because [The tenant/s] was not successful and the landlord only partly successful.
This has been a difficult and unfortunate situation for both parties, compounded by the publicity engendered and the actions of a third party.
I have therefore suppressed the names of both parties pursuant to section 95A(4) because I consider it is in both their interests to do so.

Tenancy Tribunal case 5322079 — Rent arrears

At a glance

Tenancy Tribunal case 5322079 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions