What was Tenancy Tribunal case 5365266 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5365266?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365266?

The dispute type was not classified.

Where can I read the official tribunal order for case 5365266?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12874204-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5365266 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5365266?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5365266?

The dispute type was not classified.

Where can I read the official tribunal order for case 5365266?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12874204-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5365266 — Tenancy dispute

Order

The Tribunal orders suppression of the parties’ names and identifying details.
By consent, the agreement is varied to provide that the tenancy may be ended by the tenant giving 21 days’ notice in writing.
The application for compensation is dismissed.

Reasons

Both parties attended the hearing which was held by videoconference.
The premises are in an apartment complex.
Within the complex is a garage with 2 parking spaces.
The tenant entered into a fixed term tenancy for the apartment, for a term from 10 March 2025 to 10 March 2026.
At the time the agreement was being negotiated, the tenant asked about the availability of car parking.
The key exchange by txt was: Tenant: “I just need to think about parking... did you say that maintenance handymen take up the two spaces in the garage? If so, will they be leaving at all after the reno’s? Otherwise I will look into getting up parking permit or something!” Property Manager: “Yeah they will be free once the renovations are done. The other thing is there will actually be charges for that garage space ($50). Not sure what a parking permit would cost but I think $50 is reasonable of the landlord.”
It was then clarified that the additional $50 would be a weekly charge in addition to the rent, not a one off upfront cost. The tenant also inquired about how often the workmen would be at the property.
The property manager later advised, “,,,no parking available until early April but does come with additional cost to obtain - $60.00 per week on top of rent. If interested, please message me to discuss.”
On 19 March the tenant inquired again about the availability of parking in the garage space. The property manager replied, “...no time frame on garage parking yet. Looking at late April. I'll follow again on Friday”
The tenant replied, “...Does that mean my garage parking space will not be available at all?” The property manager responded, “....garage are the two spots available but not ready to use.”
The property manager updated again on 22 April, “....sorry still no confirmation regarding parking.” In response the tenant requested a rent reduction until a car park was able to be provided on the basis that, “...I've signed the agreement based on the fact there was a parking spot to become available...” and that “...both the expense and inconvenience are causing significant concern for me...”.
The rent reduction request was declined. The property manager again confirmed, “...there isn't a time frame given by landlord despite his efforts to have available by the end of April.”
By September the carpark had not been made available to the tenant and this application was brought seeking compensation for: a. the reduction in the use and benefit of the apartment by not having a car park available; and b. for the for the cost of the alternative parking Discussion
It is clear from the evidence that had a car park been made available it would have come at a cost to the tenant of an additional $50.00 per week. That is around what she paid for alternative parking. There is no direct financial loss to compensate.
The evidence satisfies me that the value of the apartment to the tenant without an accompanying car park in the building, is significantly less than with it.
If it was a term of the parties’ agreement or there was a representation made to the tenant that a car park would be provided, at $50.00 per week, the tenant should be compensated for that reduction in value. Was it a term of the parties’ agreement that the tenant would be provided with a car park in the garage for $50 per week?
The agreement makes no reference to the availability of a car park.
For the Tribunal to find that availability of the car park was nevertheless a term of the agreement, there would need to be clear evidence of: a. an offer; b. an acceptance of that offer.
The communications referred to above do not amount to a clear and unequivocal offer by the landlord to provide a car park per week, or of an acceptance by the tenant that she would accept a carpark at $50.00 per week
The landlord gave evidence that there are a number of other tenants in the complex, many of whom had also expressed an interest in a renting one of those car parks so the landlord had not and could not have committed, to making one of them available to the tenant.
The evidence does not establish the “meeting of minds” that would be required to establish a contractual term that the carpark would be rented to the tenant. Was a representation made that the tenant would be provided a carpark with the apartment?
The Tribunal is able make an order for compensation where it finds that an agreement has been induced by misrepresentation 1 .
As an example of how that jurisdiction has been exercised in somewhat similar circumstances see Cavan v Premium Real Estate Limited 2 , although in that case there was no dispute that an incorrect statement of fact was made by the landlord.
The essential elements of contractual misrepresentation are that: 1 S.78(1)(g) RTA 2 Cavan v Premium Real Estate Limited [2023] NZTT 4466921 a. a statement of fact was made; b. the statement of fact was false; c. the party making the representation knew or ought to have known that it was false; d. the other party relied on that statement of fact when entering into the agreement; e. the other party will suffer detriment through relying on the false representation.
The factual statement made by the property manager was that the carpark would become available once the renovation work was done. It is not proved that statement was factually incorrect.
The statements made about the availability for the carpark at the end of April were statements of expectation, not of fact.
I also question whether representations made by the property manager about the carparks are proved to have been relied on by the tenant when entering into the tenancy. Her initial query about the carpark noted, “Otherwise I will look into getting a parking permit or something!” That suggests that she contemplated having to arrange alternative parking - which is what has happened.
I do not find the elements for misrepresentation proved, such that the tenant should be compensated.
I fully accept that from her discussions with the property manager, the tenant had a genuine expectation that she would bd able to have one of the parking spaces in the garage for $50.00 per week, once the renovation work had been completed – hopefully at the end of April.
I also accept, as noted, that the value of the premises to her without parking in the garage is less than with.
For that reason, I consider it appropriate that the tenant be able to end the tenancy by giving notice should she wish, rather than being held to the fixed term. The landlord agrees to such an Order being made.

Tenancy Tribunal case 5365266 — Tenancy dispute

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Tenancy Tribunal case 5365266 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

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Order

Reasons

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