What was Tenancy Tribunal case 4645299 about?

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

How much money was awarded in case 4645299?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4645299?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4645299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357992-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4645299 about?

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

How much money was awarded in case 4645299?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4645299?

The primary dispute was Rent arrears. Related themes: Leaks.

Where can I read the official tribunal order for case 4645299?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357992-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4645299 — Rent arrears

Order

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

Reasons

All tenants attended the hearing as did Ms Han, Ms Huo and Ms Wang for the landlord. One tenant represented the others. The landlord’s application
The landlord has applied to terminate the tenancy because substantial work is needed to be done at the premises.
The tenancy is a fixed term tenancy until 1 February 2024.
The circumstances in which the Tribunal can terminate the tenancy are limited.
The landlord’s application relies on section 51(2)(f) of the Residential Tenancies Act 1986 (RTA) which enables a landlord to give 90 days’ notice to terminate the tenancy if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner and it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken.
However, that section only applies to periodic tenancies; it cannot be invoked to terminate a fixed term tenancy.
Section 59A RTA allows for the termination of both a fixed-term tenancy and a periodic tenancy where, because of a breach of the tenancy agreement, the premises are destroyed or are so seriously damaged as to be uninhabitable.
The downstairs toilet at the premises blocks intermittently and after heavy rain, water leaks into the downstairs bathroom through a crack in the wall underneath the shower tray.
These issues do not make the premises uninhabitable. There is a separate upstairs bathroom.
Though the landlord believes that the work required is extensive, it can be undertaken while the tenants remain in the tenancy as it only affects the downstairs bathroom. Other issues
The landlord raised issues of a small amount of rent arrears and water rates owing. They were not part of the application. The Tribunal would not terminate the tenancy based on such a small amount of rent arrears and water rates owing.
If the rent becomes in arrears by at least 21 days, the landlord will have grounds to terminate the tenancy even though it is a fixed term tenancy.
The tenant raised issues about repairs and compliance with the Health Homes Standards (HHS). But there is no tenant application before the Tribunal so those matters cannot be addressed.

Can the Tribunal terminate the tenancy?

The Tribunal cannot terminate the tenancy for the reasons sought by the landlord. As I have noted, the circumstances in which the Tribunal can terminate a fixed term tenancy are limited.
The landlord said that the tenant has obstructed access for the landlord’s contractors and was rude towards the landlord’s representative. The tenant denied that, though admitted calling the landlord’s representative a liar more than once. That kind of language is inappropriate and offensive.
Although the tenant denied that she prevented access to the landlord’s contractors the landlord’s evidence suggests otherwise. The tenant said she demanded to see the qualifications of one of the landlord’s contractors, whom she described as a handyman. I reminded her that the landlord is entitled to have any contractor it chooses to assess repairs and maintenance; she does not have a right of veto.
The landlord has offered to release the tenants from the tenancy at any time; pay their relocation costs; and provide 4 weeks’ free rent. Seldom has the Tribunal encountered such a generous offer.
In the meantime, the landlord has reduced the rent by $100.00 per week from 7 June 2023 as compensation for the tenant’s lost enjoyment due to the bathroom issues. That too is generous compensation.
The tenant said she is looking for another tenancy but cannot find one. The Tribunal is aware of the pressure on rental housing in the Auckland area.
The tenant is reminded that a failure to allow the landlord’s contractors reasonable access is a breach of the RTA not capable of remedy. Circumstances where the Tribunal could terminate the tenancy
While the landlord has not established grounds to terminate the tenancy for the reasons set out in its application, it is not prevented from serving a breach notice on the tenant for breaches capable of remedy, or of applying for termination directly if there is a breach (such as the unreasonable failure to allow contractors access for repair and maintenance) that is not capable of remedy. Regardless that the tenancy is for a fixed term, the Tribunal can (and will) terminate a tenancy when a breach not capable of remedy is proved.
There needs to be an adjustment of attitude here. The landlord is faced with a difficult repair issue and requires the tenant’s co-operation. It would be to no one’s benefit if the landlord were forced to make another Tribunal application for termination of the tenancy (for a breach by the tenant not capable of remedy).
Terminating the tenancy would have real consequences for the tenant which can be avoided with a more co-operative and less confrontational approach. The Tribunal does not lightly terminate tenancies but must do so when a landlord has proved grounds for termination under the RTA.
For these reasons the application for termination is dismissed. But the tenant should note the cautions the Tribunal has mentioned. Name suppression
The tenant applied for, and is entitled to, a name suppression order, their defence having succeeded – see section 95A RTA. The landlord did not seek a name suppression order.

Order

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

Reasons

All tenants attended the hearing as did Ms Han, Ms Huo and Ms Wang for the landlord. One tenant represented the others. The landlord’s application
The landlord has applied to terminate the tenancy because substantial work is needed to be done at the premises.
The tenancy is a fixed term tenancy until 1 February 2024.
The circumstances in which the Tribunal can terminate the tenancy are limited.
The landlord’s application relies on section 51(2)(f) of the Residential Tenancies Act 1986 (RTA) which enables a landlord to give 90 days’ notice to terminate the tenancy if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner and it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken.
However, that section only applies to periodic tenancies; it cannot be invoked to terminate a fixed term tenancy.
Section 59A RTA allows for the termination of both a fixed-term tenancy and a periodic tenancy where, because of a breach of the tenancy agreement, the premises are destroyed or are so seriously damaged as to be uninhabitable.
The downstairs toilet at the premises blocks intermittently and after heavy rain, water leaks into the downstairs bathroom through a crack in the wall underneath the shower tray.
These issues do not make the premises uninhabitable. There is a separate upstairs bathroom.
Though the landlord believes that the work required is extensive, it can be undertaken while the tenants remain in the tenancy as it only affects the downstairs bathroom. Other issues
The landlord raised issues of a small amount of rent arrears and water rates owing. They were not part of the application. The Tribunal would not terminate the tenancy based on such a small amount of rent arrears and water rates owing.
If the rent becomes in arrears by at least 21 days, the landlord will have grounds to terminate the tenancy even though it is a fixed term tenancy.
The tenant raised issues about repairs and compliance with the Health Homes Standards (HHS). But there is no tenant application before the Tribunal so those matters cannot be addressed.

Can the Tribunal terminate the tenancy?

The Tribunal cannot terminate the tenancy for the reasons sought by the landlord. As I have noted, the circumstances in which the Tribunal can terminate a fixed term tenancy are limited.
The landlord said that the tenant has obstructed access for the landlord’s contractors and was rude towards the landlord’s representative. The tenant denied that, though admitted calling the landlord’s representative a liar more than once. That kind of language is inappropriate and offensive.
Although the tenant denied that she prevented access to the landlord’s contractors the landlord’s evidence suggests otherwise. The tenant said she demanded to see the qualifications of one of the landlord’s contractors, whom she described as a handyman. I reminded her that the landlord is entitled to have any contractor it chooses to assess repairs and maintenance; she does not have a right of veto.
The landlord has offered to release the tenants from the tenancy at any time; pay their relocation costs; and provide 4 weeks’ free rent. Seldom has the Tribunal encountered such a generous offer.
In the meantime, the landlord has reduced the rent by $100.00 per week from 7 June 2023 as compensation for the tenant’s lost enjoyment due to the bathroom issues. That too is generous compensation.
The tenant said she is looking for another tenancy but cannot find one. The Tribunal is aware of the pressure on rental housing in the Auckland area.
The tenant is reminded that a failure to allow the landlord’s contractors reasonable access is a breach of the RTA not capable of remedy. Circumstances where the Tribunal could terminate the tenancy
While the landlord has not established grounds to terminate the tenancy for the reasons set out in its application, it is not prevented from serving a breach notice on the tenant for breaches capable of remedy, or of applying for termination directly if there is a breach (such as the unreasonable failure to allow contractors access for repair and maintenance) that is not capable of remedy. Regardless that the tenancy is for a fixed term, the Tribunal can (and will) terminate a tenancy when a breach not capable of remedy is proved.
There needs to be an adjustment of attitude here. The landlord is faced with a difficult repair issue and requires the tenant’s co-operation. It would be to no one’s benefit if the landlord were forced to make another Tribunal application for termination of the tenancy (for a breach by the tenant not capable of remedy).
Terminating the tenancy would have real consequences for the tenant which can be avoided with a more co-operative and less confrontational approach. The Tribunal does not lightly terminate tenancies but must do so when a landlord has proved grounds for termination under the RTA.
For these reasons the application for termination is dismissed. But the tenant should note the cautions the Tribunal has mentioned. Name suppression
The tenant applied for, and is entitled to, a name suppression order, their defence having succeeded – see section 95A RTA. The landlord did not seek a name suppression order.

Tenancy Tribunal case 4645299 — Rent arrears

At a glance

Tenancy Tribunal case 4645299 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Can the Tribunal terminate the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Can the Tribunal terminate the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions