What was Tenancy Tribunal case 4707451 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 4707451?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4707451?

The dispute type was not classified.

Where can I read the official tribunal order for case 4707451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9629763-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4707451 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 4707451?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4707451?

The dispute type was not classified.

Where can I read the official tribunal order for case 4707451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9629763-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4707451 — Tenancy dispute

Tenantcheck Insights

Reasons

The tenant attended the hearing. The landlord was represented by the property manager.

The tenant has applied for reduction of the fixed-term tenancy due to end on 30 June 2024.

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 is one of two tenants under the tenancy. They were sharing the premises until August when the tenant moved out.

He moved out, he said, because he could no longer tolerate the other tenant’s behaviour. Before taking the tenancy, the tenant said he asked the other tenant if he would use headphones when listening to music and playing computer games and if he would do his share of the housework. The other tenant agreed but he did not keep to his word.

The tenant has been vexed by the other tenant playing music loudly and gaming and not doing his share of the housework. The tenant tried to remonstrate with the other tenant, but he reacted angrily and refused to change his ways. This forced the tenant to move out because it was having a bad effect on his mental health.

I have considerable sympathy with the tenant. He has, through no fault of his own, ended up with a difficult flatmate. The problem for the tenant is that this Tribunal cannot get involved with disputes between tenants. It can deal only with disputes between tenants and landlords.

If I accept that there has been a change of circumstances, it is not the kind of change that the Tribunal considers to be unforeseen in the context of this type of application. These sorts of things are not uncommon, and they are foreseeable in the sense that there can be no assurance that flatmates will get along for all sorts of reasons.

As well, the legal position is that the tenants are joint tenants which means that they are, together, the tenant. The landlord must treat them as one tenant and so must the Tribunal. The Tribunal cannot reduce the term of the tenancy when the joint tenants do not agree and are not parties to the application.

The tenant may have a remedy against the other tenant but not in this Tribunal. The tenant should get some advice on what other remedies may be available to him.

For the reasons given, the application must be dismissed.

I have granted the tenant name suppression because there is no public interest in publication and the tenant should not have to suffer the possible consequences of having his name published.

Reasons

The tenant attended the hearing. The landlord was represented by the property manager.

The tenant has applied for reduction of the fixed-term tenancy due to end on 30 June 2024.

The tenant is one of two tenants under the tenancy. They were sharing the premises until August when the tenant moved out.

The tenant may have a remedy against the other tenant but not in this Tribunal. The tenant should get some advice on what other remedies may be available to him.

For the reasons given, the application must be dismissed.

I have granted the tenant name suppression because there is no public interest in publication and the tenant should not have to suffer the possible consequences of having his name published.

Tenancy Tribunal case 4707451 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4707451 — Tenancy dispute

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