How much money was awarded in case 4661358?

Mount Eden, Auckland 1024, Roscommon…: $500.00 awarded to landlord

What type of tenancy dispute was case 4661358?

The dispute type was not classified.

Where can I read the official tribunal order for case 4661358?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500285-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4661358?

Mount Eden, Auckland 1024, Roscommon…: $500.00 awarded to landlord

What type of tenancy dispute was case 4661358?

The dispute type was not classified.

Where can I read the official tribunal order for case 4661358?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9500285-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 130B Balmoral Road, Mount Eden, Auckland Tenancy Tribunal Case 4661358 — Tenancy dispute

Q: What was Tenancy Tribunal case 4661358 about?

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

Order

Claims and awards in Tenancy Tribunal application 4661358. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023. 3. The tenant is	$500.00		Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023. 3. The tenant is

The Tribunal orders suppression of the Tenant name and identifying details.

The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 1, 130B Balmoral Road, Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023.

The tenant is to pay $500 compensation to the landlord immediately.

Reasons

Both parties attended the hearing.

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

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.

There has been an unforeseen change in the tenant's circumstances. The tenancy began in December 2022 and is due to end on 27 January 2024. Prior to the commencement of this tenancy the tenant had lived on her own for four years (one in New Zealand and three in her country). The tenancy is a small one-bedroom unit and only one person is permitted to live there. She was anticipating that she would be happily able to continue living on her own.

In January 2023 the tenant’s father died suddenly of a heart attack. Since then, she has struggled to live on her own and required counselling for depression. She has lived a lot of the time since then with family as they support each other.

The tenancy is due to end in January 2023 and the tenant seeks a reduction in the term. Because of her changed circumstances, she wishes to live with her brother and his family. She requested an early end to the fixed term in May 2023. The landlord agreed to this provided a suitable replacement tenant was found. This has not occurred. The two possible replacements have not been deemed suitable or approved by the landlord.

The tenant would suffer severe hardship if the term of the tenancy were not reduced. I am satisfied the sudden death of her father is an unforeseen circumstance and the grief she has suffered subsequently mean she has faced both financial and emotional hardship. Her father died suddenly so this was not anticipated at the time the fixed term began. She had previously lived alone, so did not anticipate she would struggle to do this, as she coped with his death.

The landlord would also also suffer hardship if the term is reduced. The property manager outlined the owner’s financial and emotional hardship if the term is reduced and very real concerns that this might be the outcome.

I find on balance and weighing these factors, that the tenant’s hardship would be greater than the landlord’s hardship.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

I award compensation of $500 to the landlord, taking into account the advertising and other costs incurred to date which are estimated and considered reasonable. In determining appropriate compensation I note that the tenancy is due to end in January 2024 (and by 17 November 2023 or soon afterwards, the costs of finding a new tenant will need to be incurred by the landlord, in any event).

If a suitable replacement tenant is found earlier than 17 November, the tenancy can end earlier by agreement between the parties.

The tenant’s name is not to be published as she has been successful.

Claims and awards in Tenancy Tribunal application 4661358. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023. 3. The tenant is	$500.00		Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023. 3. The tenant is

Order

The Tribunal orders suppression of the Tenant name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 1, 130B Balmoral Road, Mount Eden, Auckland 1024, Roscommon Court is reduced and now ends at 6 pm on Friday 17 November 2023.
The tenant is to pay $500 compensation to the landlord immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on .
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.
There has been an unforeseen change in the tenant's circumstances. The tenancy began in December 2022 and is due to end on 27 January 2024. Prior to the commencement of this tenancy the tenant had lived on her own for four years (one in New Zealand and three in her country). The tenancy is a small one-bedroom unit and only one person is permitted to live there. She was anticipating that she would be happily able to continue living on her own.
In January 2023 the tenant’s father died suddenly of a heart attack. Since then, she has struggled to live on her own and required counselling for depression. She has lived a lot of the time since then with family as they support each other.
The tenancy is due to end in January 2023 and the tenant seeks a reduction in the term. Because of her changed circumstances, she wishes to live with her brother and his family. She requested an early end to the fixed term in May 2023. The landlord agreed to this provided a suitable replacement tenant was found. This has not occurred. The two possible replacements have not been deemed suitable or approved by the landlord.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. I am satisfied the sudden death of her father is an unforeseen circumstance and the grief she has suffered subsequently mean she has faced both financial and emotional hardship. Her father died suddenly so this was not anticipated at the time the fixed term began. She had previously lived alone, so did not anticipate she would struggle to do this, as she coped with his death.
The landlord would also also suffer hardship if the term is reduced. The property manager outlined the owner’s financial and emotional hardship if the term is reduced and very real concerns that this might be the outcome.
I find on balance and weighing these factors, that the tenant’s hardship would be greater than the landlord’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $500 to the landlord, taking into account the advertising and other costs incurred to date which are estimated and considered reasonable. In determining appropriate compensation I note that the tenancy is due to end in January 2024 (and by 17 November 2023 or soon afterwards, the costs of finding a new tenant will need to be incurred by the landlord, in any event).
If a suitable replacement tenant is found earlier than 17 November, the tenancy can end earlier by agreement between the parties.
The tenant’s name is not to be published as she has been successful.

Tenancy Tribunal case 4661358 — Tenancy dispute at Unit/Flat 1, 130B Balmoral Road, Mount Eden, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 4661358 — Tenancy dispute at Unit/Flat 1, 130B Balmoral Road, Mount Eden, Auckland

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