PHOTO: What started as a favour between friends has ended in a $23,000 legal ruling — and it’s a warning every landlord and tenant in New Zealand needs to see 👇
⚖️ The Case: From Friendship to Financial Fallout
Auckland real estate agent Dave Tomu has been ordered to repay nearly $23,000 in unpaid rent after a dispute with a long-time friend ended up before the Tenancy Tribunal.
👉 The situation began in 2023 when Tomu moved into a rental property owned by someone he had known for around a decade
- Initially allowed to live rent-free
- No written tenancy agreement
- Arrangement based purely on trust
💥 That trust eventually broke down
💸 What Went Wrong?
According to the tribunal findings:
- Rent was later set at $350 per week (including utilities)
- The landlord claimed payments were not made
- Total arrears reached $22,950
👉 Tomu disputed this, claiming:
- The arrangement remained rent-free
- Some payments were made in cash
- Commission earned from sourcing a tenant should offset rent
💥 But there was a major problem…
👉 No evidence to support those claims
🧾 The Tribunal Decision
After reviewing the case, the Tenancy Tribunal ruled:
✔ A binding tenancy agreement existed
✔ The landlord’s rent records were credible
✔ No proof supported claims of rent offsets or ongoing rent-free terms
👉 The adjudicator found the tenant’s argument “not plausible”
💥 Result: Full repayment of arrears ordered
⚠️ The Critical Mistake: No Written Agreement
This case highlights one of the biggest risks in property:
👉 Verbal agreements = legal risk
Without a written contract:
- Terms become unclear
- Disputes are harder to resolve
- Evidence becomes limited
💬 Legal experts say even between friends:
👉 Always document agreements
🧠 The Hidden Lesson for Landlords & Agents
This isn’t just about one dispute
It’s a broader warning 👇
✔ Treat every tenancy professionally
✔ Separate friendship from business
✔ Keep clear records and agreements
💥 Because when things go wrong…
👉 The law relies on evidence — not assumptions
🔄 What Happens Next?
Tomu has indicated he may appeal the decision
👉 But unless new evidence is presented, overturning tribunal findings can be difficult
🔥 The Bottom Line
This case proves one thing:
👉 Even in real estate… relationships don’t replace contracts
And in today’s market:
💥 A simple handshake deal can quickly turn into a five-figure problem
📊 Meta Description
Auckland real estate agent Dave Tomu has been ordered to repay nearly $23,000 in unpaid rent after a Tenancy Tribunal ruling. Here’s what went wrong and the key lessons.
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SOURCE: NZHERALD