What was Tenancy Tribunal case 4637794 about?

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

How much money was awarded in case 4637794?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4637794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362415-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4637794 about?

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

How much money was awarded in case 4637794?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4637794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362415-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4637794 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The tenants signed a renewal of a fixed term tenancy agreement, with the fixed term ending in February 2024. They agreed to a second fixed term because at the time they signed they were after security of tenure. They have since bought a house and moved out, and they want the fixed term tenancy to end sooner.

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986 (RTA), which allows for the reduction of fixed term tenancy agreements.

There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

The issue here is that the tenants have purchased a house in another town. They said they purchased the house to be closer to family, because an elderly relative needed assistance. They looked at about 20 houses and then found the one that suited and bought within two weeks. The landlord submitted that the tenants have chosen to buy a house, and they should continue to pay rent until a new tenant is found. The parties are actively looking for a replacement tenant, so the fixed term tenancy can be assigned. Unfortunately, it is taking longer than anyone expected to assign the tenancy.

I am not persuaded the tenants have established there was an unforeseen change in their circumstances. They went looking to buy a house, so that cannot be unforeseen. The purchase process was quicker than they expected, but a foreseeable outcome of looking for a house is you find one to buy. The fact they decided to buy the house because an elderly relative needs more support is not persuasive. The relative is 92 years old, so it is entirely foreseeable that she might need assistance. I find the change in circumstances was not unforeseen, which means there are no grounds to reduce the fixed term tenancy.

I find I should exercise my discretion and allow suppression for the parties and the identifying details. There are no breaches of the RTA, and the public interest is in the law rather than the names of the parties. See section 95A RTA.

Reasons

Both parties attended the hearing.

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

Tenancy Tribunal case 4637794 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4637794 — 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