What was the outcome of Tenancy Tribunal case 4842380?

The tribunal order states: The tenancy of Saane Tovo and Sione Lomu at 17 Maire Street, Levin, Levin

How much money was awarded in case 4842380?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,164.28 awarded to landlord

What type of tenancy dispute was case 4842380?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4842380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10304175-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4842380?

The tribunal order states: The tenancy of Saane Tovo and Sione Lomu at 17 Maire Street, Levin, Levin

How much money was awarded in case 4842380?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,164.28 awarded to landlord

What type of tenancy dispute was case 4842380?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4842380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10304175-Tenancy_Tribunal_Order.pdf.

17 Maire Street, Levin, Levin 5510 Tenancy Tribunal Case 4842380 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4842380 — net $1,384.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 May 2024	$3,164.28	Rent arrears to 9 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,384.72
Total payable by Tenant to Landlord	$1,384.72

The tenancy of Saane Tovo and Sione Lomu at 17 Maire Street, Levin, Levin 5510 is terminated, and possession is granted to Team Group Rentals Limited, at 11.59pm on Thursday 9 May 2024.

The Bond Centre is to pay the bond of $1,800.00 (3110017-012) to Team Group Rentals Limited immediately.

Saane Tovo and Sione Lomu must pay Team Group Rentals Limited $1,384.72 immediately, calculated as shown in the table below:

Reasons

Only a representative of Team Group Rentals Limited (TGR) attended the hearing.

Three different telephone numbers were used to attempt to contact the tenants. Two went to voicemail and one was answered but the person advised it was a wrong number (number ending 901). I am satisfied the tenant has been served and the hearing proceeded in their absence. The landlord

The landlord has applied for termination of the tenancy and refund of the bond. The application is made solely in the name of TGR.

Section 77(1) Residential Tenancies Act 1986 (RTA) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants. The Tribunal must first determine whether TGR is a landlord to determine whether it may bring this application.

Section 2(1) RTA defines the meaning of landlord as: landlord, in relation to any residential premises that are the subject of a tenancy agreement means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes- ... (e) an agent of the landlord" [emphasis added]

Therefore, while the owner of the property will usually be the grantor of the tenancy a property management business (often described as an agent) may also be a ‘landlord’ where appropriate.

In deciding whether the agent can bring a claim (or can be liable), the Tribunal has to consider principles of agency. There are two relevant sources of agency law: the common law rules of agency and the extended definition of landlord in s 2(1) RTA.

The tenancy agreement describes TGR as an agent and an intermediary acting on behalf of the landlord (owner). Therefore, on the face of it, under agency law, TGR is not a landlord. However, a detailed discussion, surrounding the law of agency in respect of property managers can be found in Tribunal case [2023] NZTT 4601989, 4654572 (see paragraphs 42 to 63). This discussion highlights that the position is more nuanced and requires further consideration.

The representative of TGR says she considers TGR to be a landlord. The bond is held in its name. It collects the rent and does the inspections and has all contact with the tenant. She says that the tenants have no direct communication/contact with the owners.

Taking the above factors into account and adopting the reasoning of Adjudicator J P Smith in the above case, I find that the agent is a ‘landlord’ and may bring this application. Overdue rent

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord was agreeable that the tenancy would end on Thursday 9 May 2024 rather than seek immediate termination and so this is provided for in my order. Filing fee

The landlord has been successful and so I also award the landlord the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4842380 — net $1,384.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 May 2024	$3,164.28	Rent arrears to 9 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,384.72
Total payable by Tenant to Landlord	$1,384.72