What was the outcome of Tenancy Tribunal case 4986708?

The tribunal order states: Paige Whitney Olsen must pay Comprende Limited As Agent For Mark Wilson

How much money was awarded in case 4986708?

Rent Arrears: $1,002.85 awarded to landlord

What type of tenancy dispute was case 4986708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852526-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4986708?

The tribunal order states: Paige Whitney Olsen must pay Comprende Limited As Agent For Mark Wilson

How much money was awarded in case 4986708?

Rent Arrears: $1,002.85 awarded to landlord

What type of tenancy dispute was case 4986708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852526-Tenancy_Tribunal_Order.pdf.

51 Sunrise Boulevard, Tawa, Wellington 5028 Tenancy Tribunal Case 4986708 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986708 — net $1,002.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,002.85	Rent arrears
Net award	$1,002.85
Total payable by Tenant to Landlord	$1,002.85

Paige Whitney Olsen must pay Comprende Limited As Agent For Mark Wilson $1,002.85 immediately, calculated as shown in the table below:

Comprende Limited As Agent For Mark Wilson is granted possession of the premises at 51 Sunrise Boulevard, Tawa, Wellington 5028 at 11.59am on Monday 23 September 2024.

All other applications are dismissed.

Reasons

Both parties attended this video hearing on 19 September 2024.

The tenant has applied for compensation for the landlord’s failure to provide a copy of the tenancy agreement and a declaration by the Tribunal on when the tenancy is to end.

The landlord has applied for possession of the premises following the termination of the tenancy and rent arrears.

There were three tenants named in the tenancy agreement. This was a joint tenancy. This carries with it consequences at law. In Takarangi v Summitt Property Management Limited [2023] NZDC, the District Court held that notice from one party where there are multiple co-tenants, is deemed to be notice to terminate the whole tenancy.

One of the tenants gave the landlord notice to terminate the tenancy. Notice was delivered to the landlord on 8 August 2024. That notice resulted in the tenancy terminating 28 days later on 5 September 2024.

The tenant Olsen says that she was not told that notice had been given by either her co-tenant or the property manager until some time later. She says that this resulted in her having less time that she might otherwise to make arrangements to either move or get new co-tenants.

That is unfortunate, but the Residential Tenancies Act 1986 carries no obligation on the landlord to inform co-tenants that a notice has been given. Having said that, it would probably be good practice to do so, to avoid these precise circumstances, but there is no legal obligation to do so.

The tenants are jointly and severally liable under the terms of the tenancy. It is a legal requirement that the tenants return the premises with vacant possession to the landlord at the end of the tenancy.

As the tenant Olsen remains at the premises, the tenants have failed to return vacant possession. The tenants remain jointly and severally liable for rent until such time as vacant possession is provided to the landlord. As only one tenant is named in these proceedings, I am only able to award rent owing to the landlord against that tenant. That is one of the key stones of the legal concept of joint and several liability.

The tenancy ended on 5 September 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (“RTA”) are satisfied.

Possession of the premises is returned to the landlord at 11.59 am on Monday 23 September 2024.

The landlord is entitled to rent until the end of the tenancy. The tenant is ordered to pay rent arrears of $1,002.85.

The tenant says that the landlord failed to comply with s.13 RTA which requires the landlord to provide a tenant with a copy of the tenancy agreement before the tenancy commences. The tenant was adamant that she had not received a copy but thought that it was quite possible that a copy of the tenancy agreement had been given to one of the other tenants. Section 13(2) RTA requires a landlord prior to the tenancy commencing to “provide a copy of the tenancy agreement to the tenant (whether or not the tenant has signed it).”

In my view, the requirement in s.13 RTA is to provide a copy of the tenancy agreement to the tenant. Where there are co-tenants, I do not consider that the obligation extends to providing a copy to each of the tenants. The tenant has signed the tenancy agreement, which would indicate that at some point in time the agreement has been in her possession. The claim is dismissed.

Both parties have applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 4986708 — net $1,002.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,002.85	Rent arrears
Net award	$1,002.85
Total payable by Tenant to Landlord	$1,002.85

Order

Paige Whitney Olsen must pay Comprende Limited As Agent For Mark Wilson $1,002.85 immediately, calculated as shown in the table below:
Comprende Limited As Agent For Mark Wilson is granted possession of the premises at 51 Sunrise Boulevard, Tawa, Wellington 5028 at 11.59am on Monday 23 September 2024.
All other applications are dismissed.

Reasons

Both parties attended this video hearing on 19 September 2024.
The tenant has applied for compensation for the landlord’s failure to provide a copy of the tenancy agreement and a declaration by the Tribunal on when the tenancy is to end.
The landlord has applied for possession of the premises following the termination of the tenancy and rent arrears.
There were three tenants named in the tenancy agreement. This was a joint tenancy. This carries with it consequences at law. In Takarangi v Summitt Property Management Limited [2023] NZDC, the District Court held that notice from one party where there are multiple co-tenants, is deemed to be notice to terminate the whole tenancy.
One of the tenants gave the landlord notice to terminate the tenancy. Notice was delivered to the landlord on 8 August 2024. That notice resulted in the tenancy terminating 28 days later on 5 September 2024.
The tenant Olsen says that she was not told that notice had been given by either her co-tenant or the property manager until some time later. She says that this resulted in her having less time that she might otherwise to make arrangements to either move or get new co-tenants.
That is unfortunate, but the Residential Tenancies Act 1986 carries no obligation on the landlord to inform co-tenants that a notice has been given. Having said that, it would probably be good practice to do so, to avoid these precise circumstances, but there is no legal obligation to do so.
The tenants are jointly and severally liable under the terms of the tenancy. It is a legal requirement that the tenants return the premises with vacant possession to the landlord at the end of the tenancy.
As the tenant Olsen remains at the premises, the tenants have failed to return vacant possession. The tenants remain jointly and severally liable for rent until such time as vacant possession is provided to the landlord. As only one tenant is named in these proceedings, I am only able to award rent owing to the landlord against that tenant. That is one of the key stones of the legal concept of joint and several liability.
The tenancy ended on 5 September 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (“RTA”) are satisfied.
Possession of the premises is returned to the landlord at 11.59 am on Monday 23 September 2024.
The landlord is entitled to rent until the end of the tenancy. The tenant is ordered to pay rent arrears of $1,002.85.
The tenant says that the landlord failed to comply with s.13 RTA which requires the landlord to provide a tenant with a copy of the tenancy agreement before the tenancy commences. The tenant was adamant that she had not received a copy but thought that it was quite possible that a copy of the tenancy agreement had been given to one of the other tenants. Section 13(2) RTA requires a landlord prior to the tenancy commencing to “provide a copy of the tenancy agreement to the tenant (whether or not the tenant has signed it).”
In my view, the requirement in s.13 RTA is to provide a copy of the tenancy agreement to the tenant. Where there are co-tenants, I do not consider that the obligation extends to providing a copy to each of the tenants. The tenant has signed the tenancy agreement, which would indicate that at some point in time the agreement has been in her possession. The claim is dismissed.
Both parties have applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Tenancy Tribunal case 4986708 — Rent arrears at 51 Sunrise Boulevard, Tawa, Wellington 5028

At a glance

Tenancy Tribunal case 4986708 — Rent arrears at 51 Sunrise Boulevard, Tawa, Wellington 5028

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions