How much money was awarded in case 4648524?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4648524?

The primary dispute was 14-day notice. Related themes: Healthy homes, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4648524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527483-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4648524?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4648524?

The primary dispute was 14-day notice. Related themes: Healthy homes, Mould & damp, Leaks.

Where can I read the official tribunal order for case 4648524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527483-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4648524 — 14-day notice

Q: What was Tenancy Tribunal case 4648524 about?

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

Tenantcheck Insights

Order

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

BY CONSENT - Anqi Qiao is joined as a party.

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends after the tenants give 7 days notice or at

59 pm on Wednesday 22 November 2023, whichever happens sooner.

Alice Qiao and Anqi Qiao must pay [The tenant/s] $20.44 immediately which is the application filing fee.

The claim for the bond is dismissed.

Reasons

Both parties attended the hearing. The agent based in New Zealand, Anqi Qiao, was joined as a party.

The claim has been amended. Initially the tenants wanted work orders and claims relating to the Healthy Homes Standards. They have since clarified they only want the Tribunal to decide a claim for the reduction of the fixed term tenancy. The landlord does not agree to end the fixed term.

Should the fixed term tenancy be reduced?

The tenants have applied for reduction of the fixed-term tenancy due to end on 4 February 2025. 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 tenants submitted that the unforeseen change in their circumstances is leaking windows in the flat. They first notified the landlord about the leaks from two windows in January 2023. Subsequently they advised the landlord that windows in two more rooms were leaking. In May they advised the gutters were blocked and water was spilling over the edge, making the window leaks worse. The high gutters above their windows were not cleared. A 14 day notice was served on the landlord in July and the leaks were not repaired. The tenants filed an application with the Tribunal, for work orders, and then decided they could not longer live in the flat.

The landlord agreed there are leaks. She investigated repairing the windows but she could not afford to get the windows fixed or replaced. She said she did not want to spend money on a cherry picker to clear the high gutters because she was hoping to do maintenance later in the year which would require scaffolding. Eventually, after the tenants filed their application in the Tribunal, the landlord arranged for a builder to repair and replace the windows. This work was finished a couple of weeks ago. She said the flat is now water tight and the tenants should stay until the end of their fixed term because they made a legal commitment.

I find the windows leaking in the lounge, the two bedrooms and the kitchen to be an unforeseen change in circumstances. The tenants could not have foreseen that their landlord would disregard leaks for months.

Next I need to consider hardship. The tenants submitted they would suffer severe hardship if the term of the tenancy were not reduced. They have put towels out and wiped up water leaking onto seven window sills for over six months now. They have tried to seal the windows with tape. They have discovered some of their belongings are growing mould. They submitted they do not trust the landlord after months of waiting for repairs, and they are wary of the repairs that have been done when they were told the windows would have to be replaced to fix the leaks. They are mentally exhausted from trying to arrange repairs for the windows and the gutters.

I accept that the landlord would also suffer hardship if the term is reduced. Obviously the landlord would lose rent until a new tenancy was signed up. The building – made up of five flats all owned by the landlord – needs other expensive repairs as well. Rent paid will contribute to the pool of money available for maintenance.

I am persuaded that the tenants’ hardship would be greater than the landlord’s hardship. While the landlord will lose some money, the tenants have lost all faith in their landlord’s ability to comply with the RTA. This tenancy is not due to end until 2025. If any other repairs are needed the tenants have no guarantee the landlord will complete these within a reasonable time. I note the tenants have very deliberately not made a claim for compensation, even though they have provided persuasive evidence about the leaks, the gutters, and the damage to their belongings. I find the tenancy should end.

The tenants can give seven days notice in writing to the landlord to end the tenancy. This can happen anytime from now. To be clear I want the tenants to be able to find a new tenancy and give short notice that they are moving. Alternatively, the tenancy will end on Wednesday 22 November 2023. Other orders

Because the tenants have wholly succeeded with the claim I must reimburse the filing fee. Their application for suppression is also allowed because they are the most successful party.

No order is made for the bond. The tenants asked for the bond to be refunded immediately. However, I find the bond should stay with the Bond Centre until the end of the tenancy because this is the usual practice, and it does provide a safe guard for the landlord.

Order

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

BY CONSENT - Anqi Qiao is joined as a party.

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends after the tenants give 7 days notice or at

59 pm on Wednesday 22 November 2023, whichever happens sooner.

Alice Qiao and Anqi Qiao must pay [The tenant/s] $20.44 immediately which is the application filing fee.

The claim for the bond is dismissed.

Reasons

Both parties attended the hearing. The agent based in New Zealand, Anqi Qiao, was joined as a party.

Should the fixed term tenancy be reduced?

Because the tenants have wholly succeeded with the claim I must reimburse the filing fee. Their application for suppression is also allowed because they are the most successful party.

Tenancy Tribunal case 4648524 — 14-day notice

At a glance

Tenancy Tribunal case 4648524 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the fixed term tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the fixed term tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions