What was Tenancy Tribunal case 4520533 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.

How much money was awarded in case 4520533?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4520533?

The dispute type was not classified.

Where can I read the official tribunal order for case 4520533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8781823-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4520533 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.

How much money was awarded in case 4520533?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4520533?

The dispute type was not classified.

Where can I read the official tribunal order for case 4520533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8781823-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4520533 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord was phoned twice but calls went to voicemail on each call.

The tenants applied for reduction of the fixed-term tenancy.

The Tribunal may terminate a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986.

There has been an unforeseen change in the tenants’ circumstances. a. An essential part of the premises requires remediation. The tenants use the garage as a gym. This was known by the landlords at the start of the tenancy. The tenants have a significant amount of equipment in the garage. They have carpet on the floor of the garage. The area around the garage has been flooding with water entering the garage. The landlord proposes to raise the garage floor by 100mm. This would involve disruption and inconvenience for the tenants having to remove and store equipment. b. There is also ponding of water that is a danger to the tenants’ small children.

The tenants have found three other prospective tenants who would not be affected by the remediation work and who could begin a tenancy at the premises. The tenants carried out credit checks to assist the landlords.

I find that the tenants’ hardship would be greater than the landlord’s hardship if the tenancy were to continue.

I find the tenants have acted reasonably. The landlords initially did not appear to know their obligation to permit an assignment. However the change in tenancy in this case is not an assignment but a termination of the fixed term. The tenants gave notice to the landlord that they were ending the fixed term. This could have been a risk if the Tribunal did not agree with their application for a termination of the fixed term. Name Suppression

Because the tenants have substantially succeeded with the claim, name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Reasons

The landlord was phoned twice but calls went to voicemail on each call.

The tenants applied for reduction of the fixed-term tenancy.

I find that the tenants’ hardship would be greater than the landlord’s hardship if the tenancy were to continue.

Because the tenants have substantially succeeded with the claim, name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4520533 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4520533 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions