What was Tenancy Tribunal case 5395081 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 5395081?

Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5395081?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5395081?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13329900-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5395081 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 5395081?

Rent Arrears: $390.00 awarded to landlord

What type of tenancy dispute was case 5395081?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5395081?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13329900-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5395081 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5395081 — net $390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$390.00	Rent arrears
Net award	$390.00
Total payable by Tenant to Landlord	$390.00

This hearing was conducted by videoconference and was attended by the landlord, [The landlord/s], and the respondents, [The tenant/s].

The landlord claims rent arrears of $1,040.00 from the respondents. This comprises $390.00 owed by [Tenant 1] and $650.00 from [Tenant 2].

There is no written tenancy agreement in place between the landlord and the respondents. The tenancy agreement provided with the application does not record either of the respondents as tenants. The Residential Tenancies Act 1986 (the RTA) requires agreements to be in writing. However, the lack of a written tenancy agreement does not preclude the existence of a tenancy.

In this jurisdiction, the party making the claim has the onus of proving their claim to the required civil standard of proof, which is on the balance of probabilities. This means they must establish, with evidence, that their claim is “more likely than not.”

In this case, the landlord’s rent records were difficult to follow. The spreadsheet submitted by the landlord as evidence included rent owed by other individuals. However, [Tenant 1] accepts that she is a tenant and that she has been paying rent to the landlord. She states in her evidence that she moved out in July 2025. She agrees that she owes $390.00 in rent to the landlord. This is awarded above.

The landlord claims [Tenant 2] owes her rent of $650.00. However, the difficulty for the landlord is that there is no written tenancy agreement with [Tenant 2], or written confirmation from [Tenant 2] that he agreed to become a tenant. The landlord claims that she left a Change of Tenant form with [Tenant 1] and [Tenant 2], and that the form was signed by [Tenant 2]. This form has not been produced in evidence. The landlord says one of the other tenants lost it, so she does not have a copy. I have considered the other documentary evidence provided by the landlord in support, including the text messages, but I do not find this establishes that [Tenant 2] agreed to become a tenant.

Furthermore, [Tenant 2], in his oral evidence, denies being a tenant and denies liability for the amount claimed by the landlord. His evidence is that he did not move into the premises, did not live there, but just stayed with [Tenant 1]. This was mainly to support her and for her personal safety. While he made some payments to the landlord, he states these payments were made to help [Tenant 1]. I note the landlord’s bank statement shows two payments were made by [Tenant 2], for different amounts, in March and April 2025. The statement does not show a pattern of regular rent payments being received from [Tenant 2].

[Tenant 1] confirms, in her oral evidence, that [Tenant 2] was just helping her out financially, and had never been a tenant. She states he was there to support her and stayed for her safety.

Both tenants have been clear in their evidence that they never signed a Change of Tenant form as claimed by the landlord.

As noted above, it is for the party making the claim to establish it, on the balance of probabilities. In this case, I am unable to find that the landlord has established, with sufficient evidence, that [Tenant 2] is a tenant and that he owes rent of $650.00. Accordingly, this part of the claim is dismissed. Filing fee and name suppression

As the landlord has not been wholly or substantially successful, there is no order for reimbursement of the filing fee.

Both parties seek name suppression, and each has had some success. The Tribunal, having had regard to the interests of the parties and to the public interest, orders suppression of the names of both parties and any identifying details.

Claims and awards in Tenancy Tribunal application 5395081 — net $390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$390.00	Rent arrears
Net award	$390.00
Total payable by Tenant to Landlord	$390.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $390.00 immediately, being rent arrears as agreed.

All other claims are dismissed.

Reasons

This hearing was conducted by videoconference and was attended by the landlord, [The landlord/s], and the respondents, [The tenant/s].
The landlord claims rent arrears of $1,040.00 from the respondents. This comprises $390.00 owed by [Tenant 1] and $650.00 from [Tenant 2].
There is no written tenancy agreement in place between the landlord and the respondents. The tenancy agreement provided with the application does not record either of the respondents as tenants. The Residential Tenancies Act 1986 (the RTA) requires agreements to be in writing. However, the lack of a written tenancy agreement does not preclude the existence of a tenancy.
In this jurisdiction, the party making the claim has the onus of proving their claim to the required civil standard of proof, which is on the balance of probabilities. This means they must establish, with evidence, that their claim is “more likely than not.”
In this case, the landlord’s rent records were difficult to follow. The spreadsheet submitted by the landlord as evidence included rent owed by other individuals. However, [Tenant 1] accepts that she is a tenant and that she has been paying rent to the landlord. She states in her evidence that she moved out in July 2025. She agrees that she owes $390.00 in rent to the landlord. This is awarded above.
The landlord claims [Tenant 2] owes her rent of $650.00. However, the difficulty for the landlord is that there is no written tenancy agreement with [Tenant 2], or written confirmation from [Tenant 2] that he agreed to become a tenant. The landlord claims that she left a Change of Tenant form with [Tenant 1] and [Tenant 2], and that the form was signed by [Tenant 2]. This form has not been produced in evidence. The landlord says one of the other tenants lost it, so she does not have a copy. I have considered the other documentary evidence provided by the landlord in support, including the text messages, but I do not find this establishes that [Tenant 2] agreed to become a tenant.
Furthermore, [Tenant 2], in his oral evidence, denies being a tenant and denies liability for the amount claimed by the landlord. His evidence is that he did not move into the premises, did not live there, but just stayed with [Tenant 1]. This was mainly to support her and for her personal safety. While he made some payments to the landlord, he states these payments were made to help [Tenant 1]. I note the landlord’s bank statement shows two payments were made by [Tenant 2], for different amounts, in March and April 2025. The statement does not show a pattern of regular rent payments being received from [Tenant 2].
[Tenant 1] confirms, in her oral evidence, that [Tenant 2] was just helping her out financially, and had never been a tenant. She states he was there to support her and stayed for her safety.
Both tenants have been clear in their evidence that they never signed a Change of Tenant form as claimed by the landlord.
As noted above, it is for the party making the claim to establish it, on the balance of probabilities. In this case, I am unable to find that the landlord has established, with sufficient evidence, that [Tenant 2] is a tenant and that he owes rent of $650.00. Accordingly, this part of the claim is dismissed. Filing fee and name suppression
As the landlord has not been wholly or substantially successful, there is no order for reimbursement of the filing fee.
Both parties seek name suppression, and each has had some success. The Tribunal, having had regard to the interests of the parties and to the public interest, orders suppression of the names of both parties and any identifying details.

Tenancy Tribunal case 5395081 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5395081 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Key findings

Frequently asked questions