What was Tenancy Tribunal case 4730689 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4730689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4730689?

The dispute type was not classified.

Where can I read the official tribunal order for case 4730689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776407-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4730689 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4730689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4730689?

The dispute type was not classified.

Where can I read the official tribunal order for case 4730689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776407-Tenancy_Tribunal_Order.pdf.

52A Sevenoaks Drive, Bryndwr, Christchurch 8053 Tenancy Tribunal Case 4730689 — Tenancy dispute

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
Ms Moore has applied for early termination of a fixed term tenancy.
Ms Moore is the property owner landlord. The tenancy has been managed by her agent, a professional property manager. Ms Moore says that the property manager gave her poor advice about entering into a fixed term tenancy and renewing the tenancy for a further fixed term.
The Tribunal has jurisdiction over disputes between landlords and tenants. It does not have jurisdiction to determine disputes between property owners and their agents. See s77 RTA. The property manager was not a party to the application and did not attend the hearing.
There is no dispute that the tenancy is for a fixed term, but that Ms Moore now wishes to give notice to end the tenancy.
A fixed term tenancy can only end early with the agreement of the parties, or by order of the Tribunal if certain criteria are met.
Section 66 Residential Tenancies Act 1986 (RTA) allows for the reduction of fixed term tenancy agreements. There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. Agreement to Early Termination
Ms Moore claimed that the tenant had agreed to end the tenancy early. In support of that claim, she produced text message exchanges between the tenant and property manager.
The text messages show that the tenant wanted to remain at the property but may be flexible if alternative accommodation could be found in the area. That is a gesture of goodwill by the tenant, it is not a concluded agreement.
Ms Moore seems to think that it was up to the tenant or property manager to find other accommodation. It was not. The tenant is entitled to remain at the property for the full term and is not obliged to take any proactive steps to facilitate her wish for an earlier termination.
There is no clear or enforceable agreement by the tenant to end this tenancy early. Reduction of Fixed Term
During the hearing, I explained the requirements of s66 RTA. The applicant must satisfy the Tribunal that more likely than not there has been an unforeseen change in circumstances, which if unmitigated, by reducing of the fixed term, will result in their suffering a hardship greater than the landlord.
Ms Moore was not well prepared to address those issues as she was relying on the tenancy ending by agreement. She provided no corroborative evidence of change in circumstances or severe hardship.
Rather, her evidence seems to suggest that she had decided to move back to Christchurch and would prefer to live in her own home rather than a rental property.
Her evidence of financial hardship was vague and did not bear scrutiny. She insisted that the rent did not cover her mortgage. When she was asked to provide details of her outgoings and income, the rent was more than her mortgage.
For completeness, I note that the tenant would suffer hardship if the tenancy was reduced, particularly if the family was forced to move outside of the Burnside High School zone. The family would also incur the costs of having to move, and I would have ordered Ms Moore to compensate the tenant for that, if I had granted her request for reduction of the fixed term.
Ms Moore has failed to establish the tenant agreed to early termination of the tenancy. She has failed to establish the grounds for reduction of a fixed term under s66 RTA. The application is dismissed.
As Ms Moore was not the successful party, I have refused her request for suppression of her details. See s95A RTA.

Reasons

Both parties attended the hearing.

Ms Moore has applied for early termination of a fixed term tenancy.

Ms Moore is the property owner landlord. The tenancy has been managed by her agent, a professional property manager. Ms Moore says that the property manager gave her poor advice about entering into a fixed term tenancy and renewing the tenancy for a further fixed term.

The Tribunal has jurisdiction over disputes between landlords and tenants. It does not have jurisdiction to determine disputes between property owners and their agents. See s77 RTA. The property manager was not a party to the application and did not attend the hearing.

There is no dispute that the tenancy is for a fixed term, but that Ms Moore now wishes to give notice to end the tenancy.

A fixed term tenancy can only end early with the agreement of the parties, or by order of the Tribunal if certain criteria are met.

Section 66 Residential Tenancies Act 1986 (RTA) allows for the reduction of fixed term tenancy agreements. There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term. Agreement to Early Termination

Ms Moore claimed that the tenant had agreed to end the tenancy early. In support of that claim, she produced text message exchanges between the tenant and property manager.

The text messages show that the tenant wanted to remain at the property but may be flexible if alternative accommodation could be found in the area. That is a gesture of goodwill by the tenant, it is not a concluded agreement.

Ms Moore seems to think that it was up to the tenant or property manager to find other accommodation. It was not. The tenant is entitled to remain at the property for the full term and is not obliged to take any proactive steps to facilitate her wish for an earlier termination.

There is no clear or enforceable agreement by the tenant to end this tenancy early. Reduction of Fixed Term

During the hearing, I explained the requirements of s66 RTA. The applicant must satisfy the Tribunal that more likely than not there has been an unforeseen change in circumstances, which if unmitigated, by reducing of the fixed term, will result in their suffering a hardship greater than the landlord.

Ms Moore was not well prepared to address those issues as she was relying on the tenancy ending by agreement. She provided no corroborative evidence of change in circumstances or severe hardship.

Rather, her evidence seems to suggest that she had decided to move back to Christchurch and would prefer to live in her own home rather than a rental property.

Her evidence of financial hardship was vague and did not bear scrutiny. She insisted that the rent did not cover her mortgage. When she was asked to provide details of her outgoings and income, the rent was more than her mortgage.

For completeness, I note that the tenant would suffer hardship if the tenancy was reduced, particularly if the family was forced to move outside of the Burnside High School zone. The family would also incur the costs of having to move, and I would have ordered Ms Moore to compensate the tenant for that, if I had granted her request for reduction of the fixed term.

Ms Moore has failed to establish the tenant agreed to early termination of the tenancy. She has failed to establish the grounds for reduction of a fixed term under s66 RTA. The application is dismissed.

As Ms Moore was not the successful party, I have refused her request for suppression of her details. See s95A RTA.

Tenancy Tribunal case 4730689 — Tenancy dispute at 52A Sevenoaks Drive, Bryndwr, Christchurch 8053

At a glance

Claims & awards

Tenancy Tribunal case 4730689 — Tenancy dispute at 52A Sevenoaks Drive, Bryndwr, Christchurch 8053

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