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Can a guarantor lodge a complaint at Tenancy Tribunal?

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  • Can a guarantor lodge a complaint at Tenancy Tribunal?

    My friend is signed on as a guarantor on their adult daughters tenancy agreement. (definitely not signed on as a tenant). She pays every week to the landlord either a top up payment or the full rent (not sure) to help her daughter.
    She has been there 4 months now, they never got any paperwork in terms of the Healthy Homes statements (pre 2008 build). The place has no heat pump or other fixed heating source, no smoke alarms, no lock on the window which is at ground level and can easily be opened from the outside, the place is going mouldy easily seen growing in the ceiling and walls daughter was starting to suffer with both physical problems from it and the depressing state of the living has re-activated some mental issues which is why mum was keen to get her out of there asap.

    Friend has now found a much nicer place for the daughter to live, I told her to officially give them 28 days notice which she has done and also to let them know that physically she will be fully vacating the place after 2 weeks so they can advertise that as the available from date hoping they can fill the place sooner so she won’t have to pay the full 28 days. Also that she is more than happy for people to view the property while she is still there in order to make it easily available for new prospective tenants to view.

    Turns outs she didn’t realise that she signed on for a 1 year fixed term and they have asked for a high break lease fee. I advised don’t worry about that due to lack of HHS compliance if you ended up in TT they would see in her favour. So now they are coming back with another offer of still paying from extra money but calling it something else.

    My questions are can the guarantor lodge a file with the Tenancy Tribunal? And maybe have the daughter attending but at the ‘witness’? Without going into detail my friend is the more capable one to do this.

    Friend said to me she really didn’t want to go to TT as that would effect the daughters ability to find a place in the future. I told her about how now you can get a name suppression order if she is the successful applicant. Another reason why it may be better for the mother applying to the TT anyway it wouldn’t be the daughters name on the tribunal order anyway so no risk of suppression order not being granted with daughters name on it. However even with a name suppression order when the daughter applies for future places and lists her previous recent addresses then the address can be searched anyway on the database– so it wouldn’t be too hard to put 2 and 2 together even with the name redacted? I’m no expert but I searched the tribunal orders and found one where the name was redacted but I could still search by the address – hence my above comment, or am I reading it wrong it was 7734928-Tribunal_Order_Redacted.pdf

    What are the chances the TT will see in favour of my friend for paying only the 2 weeks she is physically there instead of the full 28 days if they do successfully fill it sooner given the lack of HHS? Or even if they don’t fill the property within the 28 days?

    I have read how in some situations the landlord was required to pay back all of the rent to the tenant – while mostly I think this was a lack of a building code, what are the chances of success with this given my friends/daughters situation?
    Thank you

  • #2
    Originally posted by Angela1 View Post
    [FONT=Calibri][B][FONT=Arial][COLOR=black]My friend is signed on as a guarantor ..
    Lots of interesting questions here. As for the ability of the grantor to represent the tenant ...
    here is a link. Why not ask the question directly.


    Can a person act as proxy for another in law?
    In some cases, you can even get someone to stand in for you at your wedding,
    as long as you give them right of proxy.

    You're correct about the rental being sub standard.
    If its not fit to rent, then there can be no deal, contract, payment.
    So you've got lots of wiggle room with your landlord.. well actually he's not even a landlord without a fit premises.. just an illegal operator.

    I'd go easy on the mold issues, I've seen people ruin a place just by having too many plants and three showers a day while and keeping all the windows closed 24/7.

    Picture the deep dark tropics, Jumanji in the suburbs.
    Well ventilated or not, older places are almost impossible to keep free of mold in that situation.

    If you turned up every night to open the windows and spray the mold, that would disrupt the tenants quiet enjoyment of the place.

    So you have to balance practicality on this.

    The window catch should have been fixed immediately upon the tenant bringing it up.

    Last edited by McDuck; 10-08-2022, 05:16 AM.


    • #3
      Thanks for this, Tenancy Services told me that everyone on the tenancy agreement has to be listed on the Tribunal application or they put it on hold until it matches. Good points you mention re mould but yes she does ventilate daily, and only one person the place so not a lot of heavy breathing happening either. Very funny image of getting someone to be proxy at their own wedding! Quite a good prank for a bride to do while everyone is in there waiting.


      • #4
        Could mum and / or daughter find a replacement tenant? That might work well for all.


        • #5
          Thanks Perry - I completely forgot about this new rule.... that will help as an option too.


          • #6
            The LL still has a 'reasonable' right to refuse anyone, but that hinges on reasonable, as always.


            • #7
              ^^ may be hard to secure another tenant if
              the place is going mouldy easily seen growing in the ceiling and walls
              TT favours tenants, and there is so much wrong with the rental that the LL hasn't got a leg to stand on. Not that I am advocating you do this - but the news sites (NZH, Stuff) just love a landlord-bashing story.

              This landlord needs to do the right thing - let your daughter go and be thankful he's dodged a bullet due to his lack of HH compliance. Then keep it offline until it is in a liveable state and meets all HH standards.


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              • #8
                Agreed - the thing is the dictionary definition of reasonable is "having sound judgement; fair and sensible" but the TT and our government seem to have legislated a different meaning to the word which works in my friends favour in this instance. I am small private landlord myself (why I am helping her) so have been keeping up to date with the rules, its just a case of remembering them when an issue arises. Before I started I easily spent over 300 hours reading this forum which was a fabulous learning curve into the industry. The story is getting worse.... when my friend did ask about the lack of heating she was told they didn't need to put that in until 2023 - I told her to ask for that in writing - funnily enough the 'landlord' is a property manager at one of the top 5 real estate agencies - just goes to show that having your houses managed by 'professionals' doesn't mean a better job will be done than a private owner managing the property themselves - a debate much talked about.


                • #9
                  ". . . top 5 real estate agencies" is obviously not equal to top 5 PM agencies.

                  Good of you to help your friend, too.