What was Tenancy Tribunal case 4655409 about?

The tribunal order states: Shabana Fereen Nisha and Mohammed Fereen Tanweer must pay [The

How much money was awarded in case 4655409?

Letting fee: [online] Ad and 2 credi…: $249.00 awarded to landlord; Rent Arrears: $3,520.00 awarded to landlord

What type of tenancy dispute was case 4655409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4655409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9649042-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4655409 about?

The tribunal order states: Shabana Fereen Nisha and Mohammed Fereen Tanweer must pay [The

How much money was awarded in case 4655409?

Letting fee: [online] Ad and 2 credi…: $249.00 awarded to landlord; Rent Arrears: $3,520.00 awarded to landlord

What type of tenancy dispute was case 4655409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4655409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9649042-Tribunal_Order_Redacted.pdf.

Unit/Flat 5, 8 Taurima Avenue, Point England, Auckland Tenancy Tribunal Case 4655409 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4655409 — net $249.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,520.00	Rent arrears
Letting fee: [online] Ad and 2 credit check fees	$249.00	Letting fee: [online] Ad and 2 credit check fees
Net award	$249.00
Total payable by Tenant to Landlord	$249.00

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenant has applied for a reduction in the fixed term tenancy, refund of the bond and reimbursement of the filing fee.

The tenants signed a one-year fixed term tenancy agreement for the above property on 12 July 2023.

On 5 August 2023 there was a large scale gang incident directly across the road from the property that the tenants had rented.

The tenants witnessed the event and suffered emotional trauma as a result.

The tenants contacted the landlord and explained the situation, saying they intended to move out. The landlord pointed out that the tenants had signed a one year fixed term agreement.

The tenants stayed only one more night at the property before moving into emergency accommodation. By 12 August 2023, the tenants had removed all their belongings from the property.

On 13 August 2023 Mr Tanweer applied to the Tribunal to be released early from his fixed term Tenancy Agreement.

The landlord took steps to re-tenant the property. They advertised the property on [website], new tenants were found and the property was re-tenanted from 30 September 2023.

The landlord is seeking rent arrears until 5 September, thirty-one days after the tenants advised they were moving out. In the circumstances the landlord is prepared to absorb the losses of being without a tenant from 5 September 2023 until 30 September 2023.

The tenant wants to be released from the tenancy from the date they moved the last of their belongings out of the property on 12 August 2023, one week after indicating to the landlord they would be moving out.

The Tribunal has the power to reduce the term of a tenancy where it is satisfied that because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced. Where the Tribunal makes an order under this provision the Tribunal may order the applicant to pay compensation to the other party for the loss or damage that the other party suffers as a result of the reduction in the term of the tenancy. See The Residential Tenancies Act 1986, section 66 (1) and (2).

I am satisfied that the large scale gang incident that the tenants experienced across the road from their property was, or created, an unforeseen change in their circumstances.

I am also satisfied that given the necessity to move away from the area that the tenants feel, the hardship the tenants would suffer if held to the conditions of the tenancy agreement would be greater than the hardship the landlord would experience in releasing them from the agreement, given the landlord is able to mitigate their losses by re-tenanting the property.

I note that 5 September 2023 is roughly half was between the date the tenants left their property (12 August 2023) and the date that the landlord re-tenanted the property (30 September 2023). It is also a date that is only a little over the twenty-eight days (5 August 2023 to 5 September 2023 is 31 days) which is the notice required by a tenant in a periodic tenancy, to end the tenancy. As such, my view is that this is an appropriate date on which to end the tenancy.

Rent arrears are due up to this date are $3520.00.

The amount ordered is proved.

The landlord has reduced their original claim for re-letting expenses from $1012.00 to $249.00, which cover a [website] advertisement and two credit check fees. In the hearing today, the tenant stated he would be happy to pay this amount.

Because both parties have substantially succeeded with the claim I am not ordering reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4655409 — net $249.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,520.00	Rent arrears
Letting fee: [online] Ad and 2 credit check fees	$249.00	Letting fee: [online] Ad and 2 credit check fees
Net award	$249.00
Total payable by Tenant to Landlord	$249.00

Order

Shabana Fereen Nisha and Mohammed Fereen Tanweer must pay [The landlord/s] $269.44 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for a reduction in the fixed term tenancy, refund of the bond and reimbursement of the filing fee.
The tenants signed a one-year fixed term tenancy agreement for the above property on 12 July 2023.
On 5 August 2023 there was a large scale gang incident directly across the road from the property that the tenants had rented.
The tenants witnessed the event and suffered emotional trauma as a result.
The tenants contacted the landlord and explained the situation, saying they intended to move out. The landlord pointed out that the tenants had signed a one year fixed term agreement.
The tenants stayed only one more night at the property before moving into emergency accommodation. By 12 August 2023, the tenants had removed all their belongings from the property.
On 13 August 2023 Mr Tanweer applied to the Tribunal to be released early from his fixed term Tenancy Agreement.
The landlord took steps to re-tenant the property. They advertised the property on [website], new tenants were found and the property was re-tenanted from 30 September 2023.
The landlord is seeking rent arrears until 5 September, thirty-one days after the tenants advised they were moving out. In the circumstances the landlord is prepared to absorb the losses of being without a tenant from 5 September 2023 until 30 September 2023.
The tenant wants to be released from the tenancy from the date they moved the last of their belongings out of the property on 12 August 2023, one week after indicating to the landlord they would be moving out.
The Tribunal has the power to reduce the term of a tenancy where it is satisfied that because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced. Where the Tribunal makes an order under this provision the Tribunal may order the applicant to pay compensation to the other party for the loss or damage that the other party suffers as a result of the reduction in the term of the tenancy. See The Residential Tenancies Act 1986, section 66 (1) and (2).
I am satisfied that the large scale gang incident that the tenants experienced across the road from their property was, or created, an unforeseen change in their circumstances.
I am also satisfied that given the necessity to move away from the area that the tenants feel, the hardship the tenants would suffer if held to the conditions of the tenancy agreement would be greater than the hardship the landlord would experience in releasing them from the agreement, given the landlord is able to mitigate their losses by re-tenanting the property.
I note that 5 September 2023 is roughly half was between the date the tenants left their property (12 August 2023) and the date that the landlord re-tenanted the property (30 September 2023). It is also a date that is only a little over the twenty-eight days (5 August 2023 to 5 September 2023 is 31 days) which is the notice required by a tenant in a periodic tenancy, to end the tenancy. As such, my view is that this is an appropriate date on which to end the tenancy.
Rent arrears are due up to this date are $3520.00.
The amount ordered is proved.
The landlord has reduced their original claim for re-letting expenses from $1012.00 to $249.00, which cover a [website] advertisement and two credit check fees. In the hearing today, the tenant stated he would be happy to pay this amount.
Because both parties have substantially succeeded with the claim I am not ordering reimbursement of the filing fee.

Tenancy Tribunal case 4655409 — Rent arrears at Unit/Flat 5, 8 Taurima Avenue, Point England, Auckland

At a glance

Tenancy Tribunal case 4655409 — Rent arrears at Unit/Flat 5, 8 Taurima Avenue, Point England, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions