What was Tenancy Tribunal case 4724651 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,520.00 (5722160-001) immediately

How much money was awarded in case 4724651?

Compensation: $900.00 awarded to landlord

What type of tenancy dispute was case 4724651?

The dispute type was not classified.

Where can I read the official tribunal order for case 4724651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9682423-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4724651 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,520.00 (5722160-001) immediately

How much money was awarded in case 4724651?

Compensation: $900.00 awarded to landlord

What type of tenancy dispute was case 4724651?

The dispute type was not classified.

Where can I read the official tribunal order for case 4724651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9682423-Tenancy_Tribunal_Order.pdf.

38 Willow Grove, Morrinsville, Morrinsville 3300 Tenancy Tribunal Case 4724651 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4724651. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Fixed term tenancy compensation	$900.00		Fixed term tenancy compensation

Order

The Bond Centre is to pay the bond of $2,520.00 (5722160-001) immediately apportioned as follows: Property Brokers Wairarapa Limited As Agent For Gavin Parsons: $900.00 [The tenant/s] and [The tenant/s]: $1,620.00
The term of the fixed-term tenancy of [The tenant/s] and [The tenant/s] at 38 Willow Grove, Morrinsville, Morrinsville 3300 is reduced and now ends on 23 November 2023.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 16 December 2023.
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 tenant was advised on 13 September 2023 that the house would be placed on the market for sale. The tenant received formal notice of the sale on 28 September 2023.
The tenant had communicated with Bryce Parsons, the brother of Gavin Parson about the proposed sale. Bryce had represented himself to the tenant as one of the owners of the premises, together with his two other brothers (including Gavin Parsons). The tenant asked Bryce Parsons if she could be released early from the tenancy due to the sale and he agreed. On 26 October 2023 Bryce Parsons advised the tenant to enter a new tenancy on the basis that this tenancy would end early.
The date agreed upon between the tenant and Bryce Parsons for the tenancy to end was 4 November 2023 which is the date that the tenant moved out.
After discussing the end date with the Property Manager, the tenant was advised to put her request to end the tenancy early in writing which she did. On 31 October 2023 the Property Management company emailed the tenant advising that her request had been denied. Renovations and sale
Of relevance to the end of the tenancy is the events that commenced in June 2023. On 23 June 2023 Bryce Parsons attended at the premises without notice at 8.30am that morning together with two tradesmen. He advised the tenant that he was one of the executors of the estate which owned the premises. The tenant queried why the Property Manager had not provided notice of his visit and he confirmed that they should have provided 48 hours’ notice.
On 4 July 2023 scaffolding was erected around the entire two storey property. The work carried out on the exterior premises required the scaffolding to remain there for 31 days.
On 13 September 2023 the Property Manager advised the tenant that an appraisal would be carried out on the premises on 18 September 2023. The tenant made enquiries with Bryce Parsons, and he advised that the premises were to be put on the market. The tenant commenced looking for alternate accommodation.
The tenant received notice that the premises were on the market on 28 September 2023.
As well as the renovation the tenant had to accommodate the appraisal, photographing the premises (which required her to “stage” the premises) and two open homes. The tenant did not receive any rent relief for any of these activities which would have amounted to a significant inconvenience. Significant hardship
The tenant relied on the advice of one of the owners of the premises that the tenancy could end on 4 November 2023. On 26 October 2023 she signed a new tenancy agreement.
The tenant’s evidence is that there had been significant inconvenience toward the end of the tenancy, and she was keen to secure a tenancy before a planned operation on 16 November 2023. She said that it is difficult to find suitable rental accommodation in Morrinsville.
The tenant has three school aged children and works from home. She was not able to pay for two lots of rent when she moved out of the premises although following advice, she did pay the rent up until 13 November 2023.
For the new tenancy the tenant needed to take out a loan to pay the bond as the bond of this premise was not released due to the issue of the fixed term tenancy. I note that there were no other issues affecting the release of the bond.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. She would pay an additional $630.00 per week from 14 November 2023 until 16 December 2023 amounting to $2,970.00. The tenant’s evidence is that with three children the family are just getting by with the one rent payment.
No evidence was submitted as to whether the landlord would suffer hardship if the term were reduced.
I find 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 $900.00 to the landlord. This represents the shortfall of rent paid by the tenant up to the date the tenancy ends (14 November to 23 November). The end date for the tenancy is 28 days after the tenant received advice that she could leave the tenancy early.
In ending the tenancy early I have taken account of the inconvenience suffered by the tenant and the tenant’s claim for compensation.
As both parties have had some success, I make no award for reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4724651. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Fixed term tenancy compensation	$900.00		Fixed term tenancy compensation

Order

The Bond Centre is to pay the bond of $2,520.00 (5722160-001) immediately apportioned as follows: Property Brokers Wairarapa Limited As Agent For Gavin Parsons: $900.00 [The tenant/s] and [The tenant/s]: $1,620.00
The term of the fixed-term tenancy of [The tenant/s] and [The tenant/s] at 38 Willow Grove, Morrinsville, Morrinsville 3300 is reduced and now ends on 23 November 2023.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 16 December 2023.
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 tenant was advised on 13 September 2023 that the house would be placed on the market for sale. The tenant received formal notice of the sale on 28 September 2023.
The tenant had communicated with Bryce Parsons, the brother of Gavin Parson about the proposed sale. Bryce had represented himself to the tenant as one of the owners of the premises, together with his two other brothers (including Gavin Parsons). The tenant asked Bryce Parsons if she could be released early from the tenancy due to the sale and he agreed. On 26 October 2023 Bryce Parsons advised the tenant to enter a new tenancy on the basis that this tenancy would end early.
The date agreed upon between the tenant and Bryce Parsons for the tenancy to end was 4 November 2023 which is the date that the tenant moved out.
After discussing the end date with the Property Manager, the tenant was advised to put her request to end the tenancy early in writing which she did. On 31 October 2023 the Property Management company emailed the tenant advising that her request had been denied. Renovations and sale
Of relevance to the end of the tenancy is the events that commenced in June 2023. On 23 June 2023 Bryce Parsons attended at the premises without notice at 8.30am that morning together with two tradesmen. He advised the tenant that he was one of the executors of the estate which owned the premises. The tenant queried why the Property Manager had not provided notice of his visit and he confirmed that they should have provided 48 hours’ notice.
On 4 July 2023 scaffolding was erected around the entire two storey property. The work carried out on the exterior premises required the scaffolding to remain there for 31 days.
On 13 September 2023 the Property Manager advised the tenant that an appraisal would be carried out on the premises on 18 September 2023. The tenant made enquiries with Bryce Parsons, and he advised that the premises were to be put on the market. The tenant commenced looking for alternate accommodation.
The tenant received notice that the premises were on the market on 28 September 2023.
As well as the renovation the tenant had to accommodate the appraisal, photographing the premises (which required her to “stage” the premises) and two open homes. The tenant did not receive any rent relief for any of these activities which would have amounted to a significant inconvenience. Significant hardship
The tenant relied on the advice of one of the owners of the premises that the tenancy could end on 4 November 2023. On 26 October 2023 she signed a new tenancy agreement.
The tenant’s evidence is that there had been significant inconvenience toward the end of the tenancy, and she was keen to secure a tenancy before a planned operation on 16 November 2023. She said that it is difficult to find suitable rental accommodation in Morrinsville.
The tenant has three school aged children and works from home. She was not able to pay for two lots of rent when she moved out of the premises although following advice, she did pay the rent up until 13 November 2023.
For the new tenancy the tenant needed to take out a loan to pay the bond as the bond of this premise was not released due to the issue of the fixed term tenancy. I note that there were no other issues affecting the release of the bond.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. She would pay an additional $630.00 per week from 14 November 2023 until 16 December 2023 amounting to $2,970.00. The tenant’s evidence is that with three children the family are just getting by with the one rent payment.
No evidence was submitted as to whether the landlord would suffer hardship if the term were reduced.
I find 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 $900.00 to the landlord. This represents the shortfall of rent paid by the tenant up to the date the tenancy ends (14 November to 23 November). The end date for the tenancy is 28 days after the tenant received advice that she could leave the tenancy early.
In ending the tenancy early I have taken account of the inconvenience suffered by the tenant and the tenant’s claim for compensation.
As both parties have had some success, I make no award for reimbursement of the filing fee.

Tenancy Tribunal case 4724651 — Tenancy dispute at 38 Willow Grove, Morrinsville, Morrinsville 3300

At a glance

Claims & awards

Tenancy Tribunal case 4724651 — Tenancy dispute at 38 Willow Grove, Morrinsville, Morrinsville 3300

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions