What was Tenancy Tribunal case 5418829 about?

The tribunal order states: The Tribunal orders suppression of the Landlord, Landlord’s agent, and Tenant

How much money was awarded in case 5418829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5418829?

The dispute type was not classified.

Where can I read the official tribunal order for case 5418829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13622600-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5418829 about?

The tribunal order states: The Tribunal orders suppression of the Landlord, Landlord’s agent, and Tenant

How much money was awarded in case 5418829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5418829?

The dispute type was not classified.

Where can I read the official tribunal order for case 5418829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13622600-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5418829 — Tenancy dispute

Order

The Tribunal orders suppression of the Landlord, Landlord’s agent, and Tenant names and identifying details including the tenancy address. Initials may be published.
The application is dismissed.

Reasons

Both parties attended the hearing held remotely on 16 April 2026.
[The landlord/s] (MS) has applied for compensation for loss caused by the early ending of what he says is a binding fixed term tenancy intended to start on 10 November 2025 and end on 9 November 2026.
He seeks compensation for lost rent up to the date the property was re-rented which is 9 April 2026. This is $14,678.57. 1
[The tenant/s] (TT) agrees she signed the tenancy agreement but says she was released from the tenancy by MS’s agent. Everyone agrees that she did not make a payment of rent or bond and did not move in. 1 A claim for re-letting costs of $845.75 was withdrawn.

Is the applicant a landlord and can he make this application?

The first issue is whether [The landlord/s] can bring this application as the landlord.
The tenancy agreement says that [The landlord/s agent] is the landlord and gives their contact details, and that [The tenant/s] is the tenant.
MS is not named or referred to anywhere on the tenancy agreement. Neither does the tenancy agreement say that [The landlord/s agent] is acting on behalf of anyone else.
The Tenancy Tribunal has the power to decide disputes between landlords and tenants; section 77 Residential Tenancies Act 1986 (RTA).
A “landlord” is defined in section 2(1) of the RTA. The definition of landlord is “the grantor of a tenancy of the premises under the agreement; and, where appropriate includes .... (e) an agent of a landlord”.
MS said in the hearing that he is one of two trustees of a trust that engaged [The landlord’s agent] to act as their agent in renting out and managing the property at the tenancy address. The other trustee is MS’s wife.
A ‘Property Management Authority’ (PMA) confirming this 2 and signed by MS has been provided in evidence. The PMA is not dated however the property is stated to be available from 14 September 2025 and neither MS nor [The landlord’s agent] has disputed that the PMA was in force at the time this tenancy was entered into.
An agent does not act for themselves. An agent acts for, or on behalf of, the person/s who appointed or authorised them to act.
I am satisfied that MS, and his wife, authorised [The landlord/s agent] to act on their behalf regarding this tenancy.
MS is a “grantor of the tenancy” meaning that he is a landlord as that is defined in section 2(1) RTA. 3
My decision is that MS can make this application as landlord. 2 The contract names MS as the owner, includes the other trustee as “emergency contact”, and includes both trustees’ phone numbers for contact and a shared email address as their address for service. 3 See MBIE v Lee Bennett Holdings Ltd and Ors [2023] NZTT 4310424 at paragraph 34: “Moreover, Mr Bennett or Lee Bennett are, through their agent, the “grantor of a tenancy of the premises under the agreement” and therefore come within the primary definition of landlord in s 2(1) of the Act.”

What is the law relating to fixed term tenancy agreements?

The starting point is that a tenancy agreement signed by (or on behalf of) two or more named people is a legally binding contract.
The law of contract applies which means there must be a clear offer, acceptance, something valuable exchanged (this is called ‘consideration’), an intention to be legally bound, and sufficiently certain terms. A contract may be written or oral, or partially written and partially oral. 4
A landlord has a legal obligation to ensure a tenancy agreement is in writing and to sign the agreement and provide a copy to the tenant before the tenancy starts; s13 RTA.
Section 13C RTA provides that no tenancy agreement shall be unenforceable on the grounds that it is not in writing.
In other words, oral tenancies, and oral terms of tenancies are binding.
A fixed term tenancy agreement is a promise by the landlord to provide the tenancy premises, and by the tenant to pay rent, from the start of the term until the end of the term.
A fixed term tenancy cannot be ended by one party giving notice to the other except in limited circumstances 5 (that do not apply here).
A fixed term tenancy can be ended early by agreement between both parties and by an order of the Tribunal. 6

Is the tenant bound by the fixed term tenancy agreement she entered into?

TT does not agree that she is bound by the tenancy agreement. She agrees she signed the agreement but says she explained to the agent (JP from [The landlord/s agent] at the time of viewing the property that she had to apply for WINZ approval to pay the bond and advance rent before she could proceed with the tenancy. TT says JP knew this and agreed to it.
TT said she kept the agent informed and when she was told that WINZ would not agree to advance the bond and rent money, she told JP that she would 4 Except contracts for the disposition of land and contracts of guarantee; see ‘Contract’ (1), paragraph 4 in The Laws of New Zealand, Lexis Nexis NZ Limited. 5 Including notice by a landlord when a tenant has been charged with physical assault on a landlord, owner or agent (s55AA); notice by a tenant where premises are unlawful for residential use and the landlord has caused or contributed to that (s56A); a mortgagee or subsequent purchaser (who did not agree to the tenancy) and the tenant can give notice if the property is sold (s58(1)(d)(da)(e)); there may be a right to give notice if premises are contaminated by methamphetamine (or other specified contaminant) above a specified maximum inhabitable level (s59B); if premises are destroyed or so seriously damaged as to be uninhabitable (s59 and 59A); a tenant can give notice to withdraw from the tenancy due to proven family violence (s56B). 6 Section 50(1)(d) and (f) RTA. have to “let the property go”. She said JP said that was ok because she had other tenants that had applied.
TT supplied an email between herself and JP dated 14 April 2026. The email is a written statement by JP of her recollection of events at the time that this tenancy agreement was entered into. I have copied the relevant part of the email below.
JP attended part of the hearing by phone. I asked her about what happened.
JP sent the details of TT’s application for the tenancy to the shared email address used by MS and his wife. JP said she then discussed TT’s application with MS’s wife, who she was dealing with at the time.
JP said that she understood, and MS’s wife understood, that although TT would sign the tenancy agreement, TT could not commit to the tenancy until she had approval that WINZ would advance payment of the bond and rent.
I did not speak with MS’s wife during the hearing because MS said that she was overseas in a time zone where it was 4 or 5am in the morning.
JP’s oral evidence is consistent with her written statement (copied above).
There was discussion in the hearing about whether a tenancy agreement is binding if it is signed by both parties, but no money is paid by the tenant.
JP was under the impression that a tenancy agreement is not binding until money is exchanged.
That is incorrect. A tenancy agreement is binding once it is signed and either party can be liable to compensate the other if they decide not to go ahead.
The consideration (or thing of value) that is exchanged is the written promise, or binding agreement, made by the tenant (to pay bond and rent until the end date) and by the landlord (to provide the property for that timeframe).
However, in these circumstances, both TT and JP give consistent evidence that there was an oral agreement between them that the tenancy would not continue unless TT received WINZ approval to fund the bond and advance rent.
This is why JP agreed to release TT from the tenancy when TT contacted her to tell her she did not have WINZ approval.
JP confirmed that she did not consider this tenancy to be binding on TT. She said that because of this she and MS’s wife had decided to continue to advertise and review other potential tenants while waiting to hear if TT had succeeded in obtaining WINZ support.
JP also said she entered into a subsequent written tenancy with another tenant after TT was released but that the same thing happened, and the second tenant also did not proceed with the tenancy for financial reasons. I asked her to send this subsequent tenancy agreement to me after the hearing and she did so. The name of the tenant is redacted however the document is signed and is dated 31 October 2025 which is the same date that TT told JP she could not continue with the tenancy.
MS says the subsequent tenancy agreement is not reliable evidence because of the redacted information and what looks to be a computer-generated signature.
I accept the document as credible particularly as JP spontaneously revealed the existence of this tenancy agreement in the course of her oral evidence. She was not to know that I would find it useful as evidence that TT had been released from the tenancy. Electronic signatures are commonly accepted and are legally binding provided the method of signing reliably identifies the signatory, shows their approval, and is appropriate for the transaction. 7
If MS is concerned that the subsequent tenancy agreement is unreliable, he can ask [The landlord/s agent] to provide him evidence of that tenant’s identity and of the process for signing the agreement. The property management software used by [The landlord/s agent] should be able to produce an audit trail for the signing process.
My decision is that TT is not bound by the fixed term tenancy agreement she signed on 16 October 2025 because:- a. TT and JP both understood that the tenancy would not continue if TT did not receive WINZ funding support. That was the basis on which the agreement was signed. b. This was a binding term of the agreement, not recorded in writing, but it was part of the agreement between the parties. 7 See Part 4 of the Contract and Commercial Law Act 2017, particularly sections 226 and 228. c. MS has not contested that JP was acting with the authority of MS and MS’s wife in regard to the tenancy. 8 d. MS points out that I did not hear evidence from his wife about what was discussed between her and JP. The basis for my decision is not that MS’s wife knew that TT had to get WINZ approval. My decision is that JP was acting on behalf of MS and his wife, so they are bound by JP’s actions as their agent. JP agreed to the tenancy on that basis and agreed that TT was not bound to continue with the tenancy, so that means that MS and MS’s wife are bound by JP’s actions. That is how agency works. A principal (the landlords) are bound by the actions of their agent (JP) who was acting under authority of the PMA. A property management agent is authorised to do whatever is a usual part of that task. They do not have to be expressly authorised to do every act. 9 e. The subsequent tenancy agreement is supporting evidence of the oral evidence given by TT and JP that TT was released from the tenancy. f. The landlords are bound by the actions of their agent.
The application for compensation is dismissed.
The landlord’s claim is unsuccessful, so I do not award the filing fee. Final comments
MS emailed the Tribunal after the hearing. I have read his submission.
The Tribunal must make its decisions in accordance with the law, based on the evidence available, and as efficiently as possible; s85 RTA.
I agree that there was limited written evidence available in the hearing. Copies of any texts or emails between TT, JP, MS and MS’s wife may have been helpful. However, it is common for the Tribunal to have to make decisions with incomplete evidence.
I refer both parties to their rights regarding rehearings and appeals (on the last page). 8 The property management agreement says, at clause 2(i) I/We authorise you to advertise for tenants and to proceed with the best applicant on merit,once I/we approve them, and sign tenancy agreements on my/our behalf. 9 As discussed in ‘Agency’, Chapter 5, regarding an agent’s authority to act which may be express or implied, in The Laws of New Zealand, Lexis Nexis NZ Limited.
I suppress the landlord’s and his agent’s names as I consider their interests in privacy outweigh the public interest. MS sought to enforce what he thought was a binding agreement and JP acted in good faith.
I suppress TT’s name as she is not at fault in any way.

Tenancy Tribunal case 5418829 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5418829 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Is the applicant a landlord and can he make this application?

What is the law relating to fixed term tenancy agreements?

Is the tenant bound by the fixed term tenancy agreement she entered into?

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Is the applicant a landlord and can he make this application?

What is the law relating to fixed term tenancy agreements?

Is the tenant bound by the fixed term tenancy agreement she entered into?

Residential Tenancies Act sections

Frequently asked questions