What was Tenancy Tribunal case 5339662 about?

The tribunal order states: [The party], [The party] as tenants and [The party] as

How much money was awarded in case 5339662?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,225.71 awarded to landlord

What type of tenancy dispute was case 5339662?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12524009-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5339662 about?

The tribunal order states: [The party], [The party] as tenants and [The party] as

How much money was awarded in case 5339662?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,225.71 awarded to landlord

What type of tenancy dispute was case 5339662?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12524009-Tenancy_Tribunal_Order.pdf.

2 Petries Road, Woodend, Waimakariri 7610 Tenancy Tribunal Case 5339662 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5339662 — net $3,253.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 October 2025	$3,225.71	Rent arrears to 8 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,253.71
Total payable by Tenant to Landlord	$3,253.71

Ms O’Brien represented the landlord. The tenants did not attend the hearing. Mr McFall attended as the guarantor.

Yesterday, Mr Young sought an adjournment because he is in hospital. There are 2 tenants. The other tenant could have, and should have, attended the hearing. I did not grant the adjournment.

The landlord has applied for an order for rent arrears. The landlord has proved a claim for rent arrears to today’s date of $3,225.71 by the production of rent records.

On that application I award the landlord reimbursement of the filing fee. The guarantor’s application

A guarantor does not have the right to make an application to the Tenancy Tribunal. The Tribunal adjudicates disputes only between landlords and tenants.

On that basis alone, the guarantor’s application must be dismissed.

The guarantor does have a right to defend an application made against the tenant where the claim is also made against the guarantor. So, I was able to consider the guarantor’s defence to the landlord’s claim for rent arrears.

Mr McFall alleges that the landlord has produced fraudulent documentation. He states he did not sign the tenancy agreement as a guarantor on the date claimed.

The Tribunal can understand why Mr McFall does not want to be held liable under a guarantee. He used to employ the tenants but no longer does so.

The landlord produced email communications between Mr McFall and the previous property management firm which shows discussions relevant to the signing of the tenancy agreement by Mr McFall as guarantor.

The difficulty Mr McFall faces is this. On 30 July 2024, the Tribunal issued an order (a consent order) confirming that Mr McFall was to continue as guarantor. His status as guarantor was confirmed at the date of the hearing because he paid the tenants’ rent arrears in full. The consent order recorded that Mr McFall was to sign the tenancy agreement and any other required forms.

That is a current order of the Tribunal and cannot just be set aside because Mr McFall now claims it is not what he consented to.

Mr McFall remains a guarantor of the tenants’ obligations until such time as the Tribunal’s order dated 30 July 2024 is set aside, or until the parties agree that he is no longer a guarantor, or until the tenancy ends.

To have the earlier order set aside Mr McFall would need to apply for a rehearing of the order made on 30 July 2024. The application for rehearing would then be considered by the adjudicator who made the order.

I need not address Mr McFall’s belief that the tenancy agreement signed by him as guarantor was somehow fraudulently done, give the existence of the Tribunal’s 30 July 2024 order. Result

The tenants will pay the landlord rent arrears of $3,225.71 and the filing fee, a total of $3,253.71. The tenants are jointly and severally liable for that amount. Mr McFall remains liable as guarantor.

The guarantor’s application is dismissed. Comment

The rent is now more than 21 days in arrears. The landlord has the option of applying to end the tenancy due to the level of the arrears but wishes to avoid that by giving the tenants the opportunity to pay. If the arrears are not paid quickly, it is likely that the landlord will apply to terminate the tenancy.

Claims and awards in Tenancy Tribunal application 5339662 — net $3,253.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 October 2025	$3,225.71	Rent arrears to 8 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,253.71
Total payable by Tenant to Landlord	$3,253.71

Order

[The party], [The party] as tenants and [The party] as guarantor must pay Perfect Stays Limited as agent for Paul Anthony Lupi $3,253.71 immediately, as calculated below:
The guarantor’s application is dismissed.

Reasons

Ms O’Brien represented the landlord. The tenants did not attend the hearing. Mr McFall attended as the guarantor.
Yesterday, Mr Young sought an adjournment because he is in hospital. There are 2 tenants. The other tenant could have, and should have, attended the hearing. I did not grant the adjournment.
The landlord has applied for an order for rent arrears. The landlord has proved a claim for rent arrears to today’s date of $3,225.71 by the production of rent records.
On that application I award the landlord reimbursement of the filing fee. The guarantor’s application
A guarantor does not have the right to make an application to the Tenancy Tribunal. The Tribunal adjudicates disputes only between landlords and tenants.
On that basis alone, the guarantor’s application must be dismissed.
The guarantor does have a right to defend an application made against the tenant where the claim is also made against the guarantor. So, I was able to consider the guarantor’s defence to the landlord’s claim for rent arrears.
Mr McFall alleges that the landlord has produced fraudulent documentation. He states he did not sign the tenancy agreement as a guarantor on the date claimed.
The Tribunal can understand why Mr McFall does not want to be held liable under a guarantee. He used to employ the tenants but no longer does so.
The landlord produced email communications between Mr McFall and the previous property management firm which shows discussions relevant to the signing of the tenancy agreement by Mr McFall as guarantor.
The difficulty Mr McFall faces is this. On 30 July 2024, the Tribunal issued an order (a consent order) confirming that Mr McFall was to continue as guarantor. His status as guarantor was confirmed at the date of the hearing because he paid the tenants’ rent arrears in full. The consent order recorded that Mr McFall was to sign the tenancy agreement and any other required forms.
That is a current order of the Tribunal and cannot just be set aside because Mr McFall now claims it is not what he consented to.
Mr McFall remains a guarantor of the tenants’ obligations until such time as the Tribunal’s order dated 30 July 2024 is set aside, or until the parties agree that he is no longer a guarantor, or until the tenancy ends.
To have the earlier order set aside Mr McFall would need to apply for a rehearing of the order made on 30 July 2024. The application for rehearing would then be considered by the adjudicator who made the order.
I need not address Mr McFall’s belief that the tenancy agreement signed by him as guarantor was somehow fraudulently done, give the existence of the Tribunal’s 30 July 2024 order. Result
The tenants will pay the landlord rent arrears of $3,225.71 and the filing fee, a total of $3,253.71. The tenants are jointly and severally liable for that amount. Mr McFall remains liable as guarantor.
The guarantor’s application is dismissed. Comment
The rent is now more than 21 days in arrears. The landlord has the option of applying to end the tenancy due to the level of the arrears but wishes to avoid that by giving the tenants the opportunity to pay. If the arrears are not paid quickly, it is likely that the landlord will apply to terminate the tenancy.

Tenancy Tribunal case 5339662 — Rent arrears at 2 Petries Road, Woodend, Waimakariri 7610

At a glance

Tenancy Tribunal case 5339662 — Rent arrears at 2 Petries Road, Woodend, Waimakariri 7610

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.