What was the outcome of Tenancy Tribunal case 4775558?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4775558?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775558?

The dispute type was not classified.

Where can I read the official tribunal order for case 4775558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10225380-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775558?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4775558?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775558?

The dispute type was not classified.

Where can I read the official tribunal order for case 4775558?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10225380-Tenancy_Tribunal_Order.pdf.

365 Mill Creek Road, Kaimarama, RD 1, Whitianga 3591 Tenancy Tribunal Case 4775558 — Tenancy dispute

Order

The application is dismissed.

Reasons

Ms Fordham and Ms Reid appeared for the applicant. Ms Smith and Mr Horwood appeared for the respondent.
On 09 January 2024, the applicant filed a claim alleging that the landlord had breach the terms of a tenancy agreement by unilaterally terminating the tenancy. As a result of the breach the tenant states that they have suffered a financial loss for which they seek compensation of $5,000.00. On 01 February 2024, the landlord filed a defence of the tenant’s claim, that there was no concluded tenancy agreement.
A tenancy agreement for residential premises is a contract. Section 13 of the Residential Tenancies Act 1986 (The “Act”) states that a tenancy agreement must be in writing and signed by both parties. However, section 13C of the Act provides that no tenancy agreement shall be unenforceable on the grounds that they are not in writing. Therefore, a tenancy agreement may be either written or oral. Any legally binding agreement, whether written or oral, requires key elements such as a clear offer, unequivocal acceptance of that offer, adequate consideration, an intention to enter legal relations, and certainty of terms.
The tenant states that the landlord made an offer to enter into an agreement, which they accepted. Although the tenancy agreement was not in writing, the parties nevertheless entered in an oral agreement. The landlord states that no offer was made and that no agreement was formed.
The issue in this case is whether there was a clear offer made by the landlord which was then accepted by the tenant resulting in a concluded agreement. Determining this will involve an objective assessment of the facts.
The property concerned has five bedrooms with four ensuites, a separate bathroom, two lounge areas, and an open plan kitchen / dining room area. The landlrod advertised the property online. The applicant was one of a number of people who expressed an interest in the property. Ms Fordham states she made the initial approach on behalf of herself and her mother, Ms Reid.
On 19 December 2023, Ms Fordham, Ms Smith, and Mr Horwood met at the property. Ms Reid was supposed to attend the meeting but was unable to do so. Ms Fordham states that she was shown around by Ms Smith and Mr Horwood. Ms Fordham states that later that afternoon, at 3pm she received a call from Ms Smith who stated, “Mr Horwood and I are happy for you to move into the property”. Ms Fordham stated that she immediately accepted the offer. Ms Fordham also suggested that Ms Smith and Mr Horwood meet Ms Reid on the basis she was also going to be a tenant.
Later that same day Ms Fordham states she sent Ms Smith a text message confirming that Ms Reid was happy to meet at the property.
On 20 December 2023, Ms Fordham, Ms Reid, Ms Smith, and Mr Horwood met at the property. Ms Smith and Ms Fordham both state that Mr Horwood and Ms Smith stated that they were not considering any other families, suggesting that the property was theirs.
Later that day Ms Smith sent Ms Fordham a message in which she stated “Thanks for introducing your mother, Nadia. If she could provide a reference from [ present landlord], that would be appreciated. I’m available on Friday between 11 and noon if you would like to come to my house and sign the tenancy agreement.
On 21 December 2023, Ms Fordham forwarded Ms Reid’s reference to Ms Smith.
Early on the morning on 22 December 2023, Ms Fordham states that she received a call form Ms Smith expressing concern that Ms Reid had given notice to her previous landlord, who had provided a reference, and advised that the Mr Horwood was considering another family. Later that day, Ms Smith advised that Ms Fordham and Ms Reid had been unsuccessful.
Ms Smith stated that herself and Mr Horwood met Ms Fordham at the property. Ms Smith stated that at least six other families has expressed an interest in the and that two had already completed the application forms and had viewed the property. Mr Horwood advised that he wished to meet all occupants in person and for those adults that a reference would be required.
Ms Smith denied that she had called Ms Fordham on 19 December 2023 offering the property. Ms Smith states that following the meeting it was unclear who the tenant would be. Ms Smith stated she advised Ms Fordham that the landlord required the tenancy application to be completed with references from each occupant, and asked the tenant “if” they were to be offered the property when they could move in.
Ms Smith stated that she already had a reference for Ms Fordham. If Ms Reid were to be a tenant, the landlord would require a reference check. Mr Smith also added that she had not seen any form of identification.
Ms Smith produced an email sent to the tenant on 19 December 2023, stating, “will you and your mother be signing the tenancy agreement?”
Ms Smith states that herself, Mr Horwood, Mr Fordham, and Ms Reid then met at the property. Ms Smith states that during the meeting was became concerned that Ms Reid may not be a suitable tenant. Ms Smith states that at the end of the meeting she reminded both Ms Reid and Ms Fordham that to complete their application, references would be required for Ms Reid, along with a list of all other occupants. Ms Smith states that this was confirmed in the email already referred to dated 20 December 2023.
Ms Smith denies that she told the tenant that no other families were being considered. Ms Smith stated that she received Ms Reid’s reference on 21 December 2023. Upon calling the author of the reference Ms Smith was advised that on 19 December 2023 Ms Reid had handed in her notice. Ms Smith states she was concerned that this was premature on Ms Reid’s part and called Ms Fordham expressing concern. Later that day Ms Smith and Mr Horwood discussed the matter and decided against offering the tenancy to Ms Fordham and Ms Reid.
Although Ms Fordham and Ms Reid accepted that Ms Smith had asked for a reference, they believed that as the property had already been offered to them, and they had accepted, providing a reference was as a mere formality. Ms Smith and Mr Horwood state that they believed the provision and acceptance of references as integral to any concluded agreement.
The onus in this case is on the tenant to establish more likely than not there had been a clear offer, unequivocal acceptance of that offer, adequate consideration, an intention to enter legal relations, and certainty of terms.
Having heard from both parties, who both took the promise to tell the truth, and considering the written material produced. I am not satisfied that the there was a concluded agreement.
Ms Smith’s message of 19 December 2023, asking whether Ms Reid would also be signing any agreement is at odds with Ms Fordham’s claim that both herself, and Ms Reid, had already been offered property earlier that day, and is more consistent with Ms Smith’s evidence that the property had not been offered.
While following the meeting on 20 December 2023, there was a tentative arrangement to meet and sign an agreement two days later, it was subject to Ms Reid providing a reference, an act which would complete the application. The reference was an integral part of any offer. Having received the reference, the landlord was entitled not to offer the tenant the property.
The application is dismissed.
There has been no application for name suppression.

Order

The application is dismissed.

Reasons

Ms Fordham and Ms Reid appeared for the applicant. Ms Smith and Mr Horwood appeared for the respondent.
On 09 January 2024, the applicant filed a claim alleging that the landlord had breach the terms of a tenancy agreement by unilaterally terminating the tenancy. As a result of the breach the tenant states that they have suffered a financial loss for which they seek compensation of $5,000.00. On 01 February 2024, the landlord filed a defence of the tenant’s claim, that there was no concluded tenancy agreement.
A tenancy agreement for residential premises is a contract. Section 13 of the Residential Tenancies Act 1986 (The “Act”) states that a tenancy agreement must be in writing and signed by both parties. However, section 13C of the Act provides that no tenancy agreement shall be unenforceable on the grounds that they are not in writing. Therefore, a tenancy agreement may be either written or oral. Any legally binding agreement, whether written or oral, requires key elements such as a clear offer, unequivocal acceptance of that offer, adequate consideration, an intention to enter legal relations, and certainty of terms.
The tenant states that the landlord made an offer to enter into an agreement, which they accepted. Although the tenancy agreement was not in writing, the parties nevertheless entered in an oral agreement. The landlord states that no offer was made and that no agreement was formed.
The issue in this case is whether there was a clear offer made by the landlord which was then accepted by the tenant resulting in a concluded agreement. Determining this will involve an objective assessment of the facts.
The property concerned has five bedrooms with four ensuites, a separate bathroom, two lounge areas, and an open plan kitchen / dining room area. The landlrod advertised the property online. The applicant was one of a number of people who expressed an interest in the property. Ms Fordham states she made the initial approach on behalf of herself and her mother, Ms Reid.
On 19 December 2023, Ms Fordham, Ms Smith, and Mr Horwood met at the property. Ms Reid was supposed to attend the meeting but was unable to do so. Ms Fordham states that she was shown around by Ms Smith and Mr Horwood. Ms Fordham states that later that afternoon, at 3pm she received a call from Ms Smith who stated, “Mr Horwood and I are happy for you to move into the property”. Ms Fordham stated that she immediately accepted the offer. Ms Fordham also suggested that Ms Smith and Mr Horwood meet Ms Reid on the basis she was also going to be a tenant.
Later that same day Ms Fordham states she sent Ms Smith a text message confirming that Ms Reid was happy to meet at the property.
On 20 December 2023, Ms Fordham, Ms Reid, Ms Smith, and Mr Horwood met at the property. Ms Smith and Ms Fordham both state that Mr Horwood and Ms Smith stated that they were not considering any other families, suggesting that the property was theirs.
Later that day Ms Smith sent Ms Fordham a message in which she stated “Thanks for introducing your mother, Nadia. If she could provide a reference from [ present landlord], that would be appreciated. I’m available on Friday between 11 and noon if you would like to come to my house and sign the tenancy agreement.
On 21 December 2023, Ms Fordham forwarded Ms Reid’s reference to Ms Smith.
Early on the morning on 22 December 2023, Ms Fordham states that she received a call form Ms Smith expressing concern that Ms Reid had given notice to her previous landlord, who had provided a reference, and advised that the Mr Horwood was considering another family. Later that day, Ms Smith advised that Ms Fordham and Ms Reid had been unsuccessful.
Ms Smith stated that herself and Mr Horwood met Ms Fordham at the property. Ms Smith stated that at least six other families has expressed an interest in the and that two had already completed the application forms and had viewed the property. Mr Horwood advised that he wished to meet all occupants in person and for those adults that a reference would be required.
Ms Smith denied that she had called Ms Fordham on 19 December 2023 offering the property. Ms Smith states that following the meeting it was unclear who the tenant would be. Ms Smith stated she advised Ms Fordham that the landlord required the tenancy application to be completed with references from each occupant, and asked the tenant “if” they were to be offered the property when they could move in.
Ms Smith stated that she already had a reference for Ms Fordham. If Ms Reid were to be a tenant, the landlord would require a reference check. Mr Smith also added that she had not seen any form of identification.
Ms Smith produced an email sent to the tenant on 19 December 2023, stating, “will you and your mother be signing the tenancy agreement?”
Ms Smith states that herself, Mr Horwood, Mr Fordham, and Ms Reid then met at the property. Ms Smith states that during the meeting was became concerned that Ms Reid may not be a suitable tenant. Ms Smith states that at the end of the meeting she reminded both Ms Reid and Ms Fordham that to complete their application, references would be required for Ms Reid, along with a list of all other occupants. Ms Smith states that this was confirmed in the email already referred to dated 20 December 2023.
Ms Smith denies that she told the tenant that no other families were being considered. Ms Smith stated that she received Ms Reid’s reference on 21 December 2023. Upon calling the author of the reference Ms Smith was advised that on 19 December 2023 Ms Reid had handed in her notice. Ms Smith states she was concerned that this was premature on Ms Reid’s part and called Ms Fordham expressing concern. Later that day Ms Smith and Mr Horwood discussed the matter and decided against offering the tenancy to Ms Fordham and Ms Reid.
Although Ms Fordham and Ms Reid accepted that Ms Smith had asked for a reference, they believed that as the property had already been offered to them, and they had accepted, providing a reference was as a mere formality. Ms Smith and Mr Horwood state that they believed the provision and acceptance of references as integral to any concluded agreement.
The onus in this case is on the tenant to establish more likely than not there had been a clear offer, unequivocal acceptance of that offer, adequate consideration, an intention to enter legal relations, and certainty of terms.
Having heard from both parties, who both took the promise to tell the truth, and considering the written material produced. I am not satisfied that the there was a concluded agreement.
Ms Smith’s message of 19 December 2023, asking whether Ms Reid would also be signing any agreement is at odds with Ms Fordham’s claim that both herself, and Ms Reid, had already been offered property earlier that day, and is more consistent with Ms Smith’s evidence that the property had not been offered.
While following the meeting on 20 December 2023, there was a tentative arrangement to meet and sign an agreement two days later, it was subject to Ms Reid providing a reference, an act which would complete the application. The reference was an integral part of any offer. Having received the reference, the landlord was entitled not to offer the tenant the property.
The application is dismissed.
There has been no application for name suppression.

Tenancy Tribunal case 4775558 — Tenancy dispute at 365 Mill Creek Road, Kaimarama, RD 1, Whitianga 3591

At a glance

Claims & awards

Tenancy Tribunal case 4775558 — Tenancy dispute at 365 Mill Creek Road, Kaimarama, RD 1, Whitianga 3591

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions