What was Tenancy Tribunal case 4643413 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4643413?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4643413?

The dispute type was not classified.

Where can I read the official tribunal order for case 4643413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9394757-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4643413 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4643413?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4643413?

The dispute type was not classified.

Where can I read the official tribunal order for case 4643413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9394757-Tribunal_Order_Redacted.pdf.

159 Unsworth Drive, Unsworth Heights, Auckland 0632 Tenancy Tribunal Case 4643413 — Tenancy dispute

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenant’s application is dismissed

Reasons

Both parties attended the hearing by telephone.
The tenant has applied for reduction of the fixed-term tenancy due to end on 26 October 2023.
The Tribunal may reduce 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.
The tenant advised that she is a student studying at university. She explained that she has been using savings earned during the previous year to top up her student allowance so that she could afford the rent and living expenses. She advised that she had planned on working during the mid-term break of three weeks to earn extra funds that would see her through to the end of the six month fixed term tenancy. She gave evidence that a week into the mid-term break she unexpectedly required surgery and this meant that she was unable to work and earn sufficient funds to see her through to the end of the tenancy. She claimed that this setback in her financial situation was as unforeseen as the need for surgery.
The tenant has claimed that she would suffer severe hardship if the term of the tenancy were not reduced. She advised that she is paying rent of $435.00 per week while receiving a study grant of $280.00 per week. Her application to the Tribunal states: “I am no longer able to continue my stay as I cannot pay the required amount weekly and I will not have any money to support my self in terms of food and other daily necessities. My financial circumstances are causing me stress...”.
The landlord would suffer hardship if the term was reduced. The landlord’s agent advised that the premises form part of a much larger property of 108 studio units that are not fully let. She advised that the landlord is under significant pressure to meet payments on its mortgage and she is required to report weekly to its bank.
The landlord confirmed that the tenant has paid rent up until next Friday 15 September 2023. The landlord holds bond covering a further four weeks until Friday 13 October 2023. This leaves only a period of two weeks to the end of the tenancy on Thursday 26 October 2023. This means that the tenant will need to find only a further $870.00 to pay the rent to the end of the tenancy.
I note that if the Tribunal were to reduce the term of the fixed term tenancy then the tenant would be liable for the landlord’s reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
The compensation payable would be an amount equal to the rent for the reasonable period until the landlord was able to re-let the property, together with the landlord’s reasonable expenses. The landlord gave evidence that there are already units that are available for rent and that have not been able to find tenants. It depends upon the location and market circumstances to determine what might be a reasonable period. In the District Court decision of Lehrer v Protheroe DC Tauranga CIV-2009-070-65, 19 October 2009, a period of two months was considered appropriate for compensation.
I am not satisfied that the tenant’s severe hardship is greater than the landlord’s hardship so that the fixed term tenancy should be reduced. I note also that any compensation awarded to the landlord for reducing the term would make a reduction of very limited value to the tenant, given the relatively short period of six weeks left to run.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing by telephone.

The tenant has applied for reduction of the fixed-term tenancy due to end on 26 October 2023.

The Tribunal may reduce 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.

The tenant advised that she is a student studying at university. She explained that she has been using savings earned during the previous year to top up her student allowance so that she could afford the rent and living expenses. She advised that she had planned on working during the mid-term break of three weeks to earn extra funds that would see her through to the end of the six month fixed term tenancy. She gave evidence that a week into the mid-term break she unexpectedly required surgery and this meant that she was unable to work and earn sufficient funds to see her through to the end of the tenancy. She claimed that this setback in her financial situation was as unforeseen as the need for surgery.

The tenant has claimed that she would suffer severe hardship if the term of the tenancy were not reduced. She advised that she is paying rent of $435.00 per week while receiving a study grant of $280.00 per week. Her application to the Tribunal states: “I am no longer able to continue my stay as I cannot pay the required amount weekly and I will not have any money to support my self in terms of food and other daily necessities. My financial circumstances are causing me stress...”.

The landlord would suffer hardship if the term was reduced. The landlord’s agent advised that the premises form part of a much larger property of 108 studio units that are not fully let. She advised that the landlord is under significant pressure to meet payments on its mortgage and she is required to report weekly to its bank.

The landlord confirmed that the tenant has paid rent up until next Friday 15 September 2023. The landlord holds bond covering a further four weeks until Friday 13 October 2023. This leaves only a period of two weeks to the end of the tenancy on Thursday 26 October 2023. This means that the tenant will need to find only a further $870.00 to pay the rent to the end of the tenancy.

I note that if the Tribunal were to reduce the term of the fixed term tenancy then the tenant would be liable for the landlord’s reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

The compensation payable would be an amount equal to the rent for the reasonable period until the landlord was able to re-let the property, together with the landlord’s reasonable expenses. The landlord gave evidence that there are already units that are available for rent and that have not been able to find tenants. It depends upon the location and market circumstances to determine what might be a reasonable period. In the District Court decision of Lehrer v Protheroe DC Tauranga CIV-2009-070-65, 19 October 2009, a period of two months was considered appropriate for compensation.

I am not satisfied that the tenant’s severe hardship is greater than the landlord’s hardship so that the fixed term tenancy should be reduced. I note also that any compensation awarded to the landlord for reducing the term would make a reduction of very limited value to the tenant, given the relatively short period of six weeks left to run.

The tenant’s application is dismissed.

Tenancy Tribunal case 4643413 — Tenancy dispute at 159 Unsworth Drive, Unsworth Heights, Auckland 0632

At a glance

Claims & awards

Tenancy Tribunal case 4643413 — Tenancy dispute at 159 Unsworth Drive, Unsworth Heights, Auckland 0632

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