What was Tenancy Tribunal case 4605672 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 4605672?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4605672?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4605672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9579352-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4605672 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 4605672?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4605672?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4605672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9579352-Tribunal_Order_Redacted.pdf.

2D Spence Lane, Whakatane, Whakatane 3120 Tenancy Tribunal Case 4605672 — Healthy homes

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
This was a fixed term tenancy which commenced on 19 May 2022 and was due to run until 18 May 2023.
A previous Tribunal order dated 29 May 2023 (4421920) records that the tenancy ended early by mutual agreement, but the parties do not agree on the end date.
The tenant is now seeking a refund of rent of $2,400.00 from 10 March 2023 to 6 April 2023.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The issues to be decided are as follows: -What date did the tenancy end? -Is the tenant entitled to a refund of rent?

What date did the tenancy end?

As this was a fixed term tenancy to 18 May 2023, neither party can give notice to end it before that date. The fixed term can only end earlier either by agreement, or if the tenant has been a victim of family violence, or by order of the Tribunal.
On 14 September 2022, the tenant received a letter from the landlord in reply to their concerns around healthy homes compliance. The letter ends, “I understand you are on a fixed term tenancy but have no hesitancy in releasing you from the tenancy should that be your request.”
On 14 February 2023, the landlord gave the tenant a 90-day notice to end the tenancy on 18 May 2023 (at the end of the fixed term) due to extensive alterations or refurbishment or repairs or redevelopment.
On the same day, the tenant asked if it would be possible to end the tenancy on 10 March 2023 (in 3 weeks and 3 days). The tenant says they had already secured alternative accommodation.
On 15 February, the landlord replied and said she would consult with the owners. On 27 February, the landlord confirmed that the end date could be brought forward to 6 April as the intended work had been rescheduled. This was followed up by a further letter on 3 March.
On 4 March, the tenant sent an email to the landlord informing her they would be vacating on 10 March. The landlord responded that the exit inspection was scheduled for 6 April, but they could leave the keys inside.
The tenant says they had been looking for alternative accommodation since the landlord’s letter on 14 September, and they believed they could be released from the fixed term at any time without penalty. The tenants says they should not be liable for any rent beyond 10 March.
The tenant has not satisfied me that it is more likely than not that the fixed term tenancy could end at any time on their request. While I agree the landlord indicated they would be amenable to ending the fixed term early, this cannot be construed as an open ended offer as this would mean the tenant could end the tenancy at any time, and without any notice. The tenant’s choice of words, “would it be possible” indicates to me that there was no settled understanding that they could leave at any time.
I prefer the evidence of the landlord that they did not receive any response to their letter of 14 September, the fixed term tenancy continued, and the tenant gave no formal indication they wanted to leave early until 14 February, some 5 months later. The landlord then negotiated with the owner, and they agreed to reschedule works so that the tenancy could end 7 weeks and 3 days early on 6 April. I accept the landlord’s evidence that although they were amenable to ending the fixed term early from September 2022, there was no request from the tenant (until 14 February) and no mutually agreed date.
I therefore find that this fixed term tenancy ended on 6 April 2023 and not 10 March 2023 as claimed by the tenant.

Is the tenant entitled to a refund of rent?

It follows that the tenant is not entitled to a refund of rent and the claim is dismissed.
As name suppression for the tenant was granted at the previous hearing(s), it is appropriate to continue that name suppression and I exercise my discretion to do so.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
This was a fixed term tenancy which commenced on 19 May 2022 and was due to run until 18 May 2023.
A previous Tribunal order dated 29 May 2023 (4421920) records that the tenancy ended early by mutual agreement, but the parties do not agree on the end date.
The tenant is now seeking a refund of rent of $2,400.00 from 10 March 2023 to 6 April 2023.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The issues to be decided are as follows: -What date did the tenancy end? -Is the tenant entitled to a refund of rent?

What date did the tenancy end?

As this was a fixed term tenancy to 18 May 2023, neither party can give notice to end it before that date. The fixed term can only end earlier either by agreement, or if the tenant has been a victim of family violence, or by order of the Tribunal.
On 14 September 2022, the tenant received a letter from the landlord in reply to their concerns around healthy homes compliance. The letter ends, “I understand you are on a fixed term tenancy but have no hesitancy in releasing you from the tenancy should that be your request.”
On 14 February 2023, the landlord gave the tenant a 90-day notice to end the tenancy on 18 May 2023 (at the end of the fixed term) due to extensive alterations or refurbishment or repairs or redevelopment.
On the same day, the tenant asked if it would be possible to end the tenancy on 10 March 2023 (in 3 weeks and 3 days). The tenant says they had already secured alternative accommodation.
On 15 February, the landlord replied and said she would consult with the owners. On 27 February, the landlord confirmed that the end date could be brought forward to 6 April as the intended work had been rescheduled. This was followed up by a further letter on 3 March.
On 4 March, the tenant sent an email to the landlord informing her they would be vacating on 10 March. The landlord responded that the exit inspection was scheduled for 6 April, but they could leave the keys inside.
The tenant says they had been looking for alternative accommodation since the landlord’s letter on 14 September, and they believed they could be released from the fixed term at any time without penalty. The tenants says they should not be liable for any rent beyond 10 March.
The tenant has not satisfied me that it is more likely than not that the fixed term tenancy could end at any time on their request. While I agree the landlord indicated they would be amenable to ending the fixed term early, this cannot be construed as an open ended offer as this would mean the tenant could end the tenancy at any time, and without any notice. The tenant’s choice of words, “would it be possible” indicates to me that there was no settled understanding that they could leave at any time.
I prefer the evidence of the landlord that they did not receive any response to their letter of 14 September, the fixed term tenancy continued, and the tenant gave no formal indication they wanted to leave early until 14 February, some 5 months later. The landlord then negotiated with the owner, and they agreed to reschedule works so that the tenancy could end 7 weeks and 3 days early on 6 April. I accept the landlord’s evidence that although they were amenable to ending the fixed term early from September 2022, there was no request from the tenant (until 14 February) and no mutually agreed date.
I therefore find that this fixed term tenancy ended on 6 April 2023 and not 10 March 2023 as claimed by the tenant.

Is the tenant entitled to a refund of rent?

It follows that the tenant is not entitled to a refund of rent and the claim is dismissed.
As name suppression for the tenant was granted at the previous hearing(s), it is appropriate to continue that name suppression and I exercise my discretion to do so.

Tenancy Tribunal case 4605672 — Healthy homes at 2D Spence Lane, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 4605672 — Healthy homes at 2D Spence Lane, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

What date did the tenancy end?

Is the tenant entitled to a refund of rent?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

What date did the tenancy end?

Is the tenant entitled to a refund of rent?

Topics & place

Key findings

Frequently asked questions