What was the outcome of Tenancy Tribunal case 4663273?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4663273?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4663273?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9656096-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4663273?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4663273?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4663273?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9656096-Tribunal_Order.pdf.

51 Whitford Park Road, Whitford, RD 1, Whitford 2571 Tenancy Tribunal Case 4663273 — Rent arrears

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Reasons

Warwick Lee and Shane Anderson attended the hearing. There was no appearance of Lance Clark.

On 13 September 2023 the landlord claim for rent arrears was adjourned for further evidence to be filed to prove who is the tenant.

The landlord produced two tenancy agreements. The first is dated 27 October 2021 and is for a one-year fixed term. The agreement names QS Building Limited t/a Slab Supplies as the tenant. The second agreement names Shane Anderson and Lance Clark as tenants and commences on 9 December 2021 for a one-year fixed term but is unsigned.

The landlord advised that initially the tenancy agreement was entered in to with QS Building Limited who employed Shane Anderson and Lance Clark. The parties gave evidence that QS Building Limited entered into a tenancy agreement with Warwick Lee to provide housing for their workers.

It was agreed that Shane Anderson and Lance Clark who worked for QS Building Limited were the occupants of the premises and have now both vacated the premises. Lance Clark moved out 3-4 weeks prior to the hearing on 13 September and Shane Anderson has now moved out also.

The rent was initially paid directly by QS Building Limited and then was paid in half shares by the occupants. The landlord rent summary records that Lance Clark missed some payments in 2022 and then ceased paying completely from the beginning of 2023.

The landlord stated that the occupants requested the tenancy be changed into their names and a new agreement was drawn up. This was unsigned.

The Tenancy Tribunal has jurisdiction to determine any dispute that exists between a landlord and a tenant and relates to any tenancy to which this Act applies. See section 77(1) Residential Tenancies Act 1986.

Section 2 of the RTA states that a tenant “in relation to any residential premises that are the subject of a tenancy agreement, means the grantee of a tenancy of the premises under the agreement”.

Shane Anderson agreed that a tenant name change had been requested but stated that this was never actioned. He stated that he had not received the tenancy agreement with his name on that was filed by the landlord.

The hearing was adjourned to enable the landlord to file evidence in support of his claim that there had been a change in tenant, but no further evidence has been filed.

The landlord was also given an opportunity to join QS Building Limited as a party to these proceedings but has taken no steps to do this.

Lance Clark has not attended any hearings in relation to this matter.

Shane Anderson has attended both hearings but denies that he is a party to a tenancy agreement with the landlord. He stated that he never signed any documentation and never accepted liability for this tenancy.

The Tribunal finds that Warwick Lee has provided insufficient evidence to prove on the balance of probabilities that Shane Anderson and Lance Clark are the grantees of a tenancy of the premises under a tenancy agreement.

Therefore, the claim is dismissed.

Reasons

Warwick Lee and Shane Anderson attended the hearing. There was no appearance of Lance Clark.

On 13 September 2023 the landlord claim for rent arrears was adjourned for further evidence to be filed to prove who is the tenant.

The landlord stated that the occupants requested the tenancy be changed into their names and a new agreement was drawn up. This was unsigned.

The hearing was adjourned to enable the landlord to file evidence in support of his claim that there had been a change in tenant, but no further evidence has been filed.

The landlord was also given an opportunity to join QS Building Limited as a party to these proceedings but has taken no steps to do this.

Lance Clark has not attended any hearings in relation to this matter.

Therefore, the claim is dismissed.

Tenancy Tribunal case 4663273 — Rent arrears at 51 Whitford Park Road, Whitford, RD 1, Whitford 2571

At a glance

Tenancy Tribunal case 4663273 — Rent arrears at 51 Whitford Park Road, Whitford, RD 1, Whitford 2571

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