Disputes Tribunal of New Zealand

Contract / Flatmate agreement / Contract and Commercial Law Act 2017 / Parties were co tenants in a fixed term tenancy under flatmate agreement / Respondent alleged safety concerns with other tenants so moved out before lease ended and stopped paying rent / Applicants claimed unpaid rent and costs / Respondent counterclaimed for return of bond / Held: Respondent’s concerns with other tenants did not amount to breach of contract / Respondent remained liable for rent until suitable replacement found / Applicants failed to mitigate own loss by unreasonably declining a replacement tenant / Respondent only liable for rent until suitable replacement was declined by Applicants / Respondent’s bond of $1,000 equalled the four weeks’ rent Respondent owed so Applicants could retain it / Claim allowed in part and counterclaim dismissed.

Contract / Contract and Commercial Law Act 2017 / Applicant and Respondent signed a flatmate agreement / $440 bond paid that would be returned to Applicant unless there were costs incurred by Applicant / Applicant and Respondent had a disagreement about Applicant moving in washing machine / Respondent cancelled contract / Held: Having washing machine at house was not agreed in flatmate contract / Applicant was not entitled to cancel contract / Respondent to retain one weeks’ bond for compensation / Claim partially successful / Respondent to pay Applicant $220. 

Property / Flatmate agreement / Applicant agreed to move into flat leased by Respondent / Applicant paid four weeks’ rent as bond / Before move-in date, dispute arose when Applicant requested flatmate agreement but Respondent refused to provide it / Respondent refused to allow Applicant to move in and refused to refund bond / Applicant claimed bond refund of $1,120 / Held: binding contract existed between Applicant and Respondent / Respondent breached contract by refusing to let Applicant move in and by failing to refund the bond / Payment was not a deposit to reserve the flat / Respondent ordered to pay Applicant $1,120 / Claim allowed.

Contract / Flatmate agreement / Contract and Commercial Law Act 2017 (CCLA) / Applicant signed flatmate agreement with Respondent as head tenant and paid $1790 for bond and rent / Respondent gave notice to vacate tenancy before agreement commenced / Applicant cancelled agreement but Respondent refused to return amounts paid / Applicant claimed $1790 / Held: Respondent’s early termination breached implied essential term and Applicant would not have entered agreement if aware of imminent termination / Breach substantially reduced benefit and increased burden of contract on Applicant / Respondent’s offer to transfer lease no defence as it imposed substantially different obligations on Applicant / Tribunal held Applicant’s cancellation justified under s 36 or s 37 CCLA / Respondent ordered to pay Applicant $1260 as balance of amount not returned to Applicant.

Contract / Applicant moved into a flat rented by First Respondent / Applicant paid First Respondent a bond / When Applicant moved out, First Respondent retained an amount equivalent to one week’s rent from Applicant’s bond as Applicant had only given two weeks’ notice / Applicant brought claim for recovery of balance of bond / Applicant also claimed $45 additional rent he was asked to pay when another flatmate left, plus cost of filing claim / Held: notice period was not discussed when Applicant moved in / Three months later, First Respondent asked all flatmates to sign a flatmate sharing agreement containing a provision requiring four weeks’ notice to vacate / Applicant did not sign agreement / Applicant not bound by the agreement / Two weeks’ notice given by Applicant was reasonable / Applicant entitled to a refund of $215 balance of bond / Additional $45 was paid following agreement reached by all flatmates, not recoverable / Filing fee not recoverable in circumstances / First Respo…

Property / Applicant was head tenant of a property / Respondent moved into the flatting situation and signed a fixed term agreement for three months / Within three weeks of moving in Respondent advised he wished to move out in two weeks / Applicant claimed Respondent owed him $2,700.00 because he did not stay for fixed term as agreed / Held: Respondent breached agreement by leaving flat before fixed term ended / Respondent was legally liable to pay rent until end of term / Respondent stated he wanted to leave early as the property was unsanitary, but failed to provide evidence / However, Applicant had a duty to mitigate losses by finding a new flatmate as quickly as possible / Actual loss suffered as a result of Respondent’s breach was loss of rent between when he moved out and when a new tenant moved in / Applicant did not provide enough evidence to prove he was unable to find replacement flatmate until end of fixed term agreement / Applicant failed to prove he suffered a loss and tha…

Contract / Respondent, Applicant, and his partner were flatmates / Respondent was the head tenant and others entered into a flat sharing agreement with her / Applicant and his partner moved out after four weeks / Respondent returned five days rent, and after four weeks refunded most of Applicant’s bond, retaining $120.00 for cleaning and $38.00 for utilities / Applicant claimed $1,999.00 for balance of his bond, hardship, racism and harassment / Held: Tribunal cannot hear claims about racism or harassment / Under the contract Applicant and his partner were not obliged to pay anything further towards utilities / Insufficient evidence to establish who was responsible for specified spills and stains, as they were in common areas / Not proven that Applicant and his partner failed to leave the property reasonably clean / Respondent not entitled to retain $120.00 cleaning fee / Not appropriate to award damages for the failure to return the bond immediately / Respondent ordered to pay $158.00…

Contract / Applicant and Respondent were flatmates / Respondent was the head tenant / Dispute arose over the bond paid by the Applicant / Applicant claims $540 being 3 weeks rent. One week bond was paid to the former flat mate she replaced, and she was liable for the 2 week delay in finding a replacement flat mate / Held: text message evidence proves there was some confusion around the payment to the previous flat mate but ultimately it was done on instruction from the Applicant / Dispute over the bond caused the delay in finding a replacement flat mate / Delay was not due to the respondent / Claim dismissed.

Contract / Applicant entered into flatmate agreement with Respondent / Applicant paid $500 bond / Respondent repeatedly queried Applicant’s financial circumstances prior to offering him the room / Once Respondent was satisfied with Applicant as a suitable flatmate, she sent the agreement to Applicant / Applicant signed agreement and paid $500 bond /  Parties agreed that Applicant would pay $750.00 for rent in advance / Later, Respondent further enquired about Applicant’s financial circumstances / Parties argued and Respondent cancelled contract / Respondent refunded Applicant’s $750.00 but refused to refund bond / Held: Respondent entitled to decide who may share her home with her / Unreasonable for Respondent to enter into contract with Applicant, receive payments and then cancel the contract on previously known information / Respondent ordered to pay $510.22, $500 refund and statutory interest / Claim allowed.

Contract / Applicant was a flatmate of the Respondents / Applicant paid a bond of $800 / When Applicant moved out, Respondents withheld the bond claiming the Applicant’s cat had damaged the sofa / Applicant claimed for bond refund and overpaid rent / Respondents counterclaimed for compensation for repair costs of the sofa / Held: claim that the cat caused damage to the sofa was not supported by evidence / Rent was found to be overpaid by seven days / Respondents ordered to pay Applicant $1040, bond and overpaid rent / Claim granted and counterclaim dismissed.

Property / Applicant moved into a flat where Respondent was the head tenant / Parties signed a one year fixed contract / Applicant gave notice to move out after 2 weeks / Applicant claimed for bond refund, $1350.00 / Respondent counter-claimed for $608.00, cost of a new mattress / Held: Applicant breached agreement by giving notice weeks after signing fixed agreement / Applicant legally liable to pay rent for fixed term / Respondent had a duty to mitigate any losses suffered by finding a new flatmate / Only losses Applicant liable to pay were directly resulted from him ending the agreement early / Cost of a new mattress not Applicant’s cost to cover / Applicant allowed to retain equivalent of one week’s rent ($450.00) as compensation / Respondent ordered to pay $900, for rent compensation and part of bond / Claim allowed in part.

Contract / Contract and Commercial Law Act 2017 / Applicants and Respondents were flatmates in fixed term tenancy / Respondents moved out 3 months before fixed term expired / Applicants had to cover rent until lease ended / Applicants claimed Respondents breached flatmate agreement, / Applicants sought damages for rent and end of lease costs / Applicant also claimed stress caused failure of exam, sought additional $2750 for cost of repeating course / Held: agreement existed between parties / Respondents breached agreement by not paying rent after moving out / Applicants tried to mitigate loss by seeking replacement flatmates, but were unsuccessful / Respondents required to pay for rent and end of lease costs / Applicant’s loss from failed exam was unforeseeable and too remote from breach to be claimable / Respondents ordered to pay $3263.25 and $2087, respectively / Claim allowed in part.

Contract / Applicant entered into a flat sharing agreement with Respondent / Flatmate agreement specified that the flatmates would pay 50% of the cost of expenses each week / Applicant’s puppy ate pain relief tablets in the Respondent’s room / There was an altercation between the Applicant and Respondent that resulted in a trespass ordered against Respondent / Applicant claimed compensation for expenses / Respondent is liable to pay 50% of expenses / Claim allowed / Respondent to pay Applicant $636.69.