What was Tenancy Tribunal case 4756657 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed])

How much money was awarded in case 4756657?

Breal Lease Fees: $494.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $742.86 awarded to landlord

What type of tenancy dispute was case 4756657?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4756657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9929907-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4756657 about?

The tribunal order states: The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed])

How much money was awarded in case 4756657?

Breal Lease Fees: $494.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $742.86 awarded to landlord

What type of tenancy dispute was case 4756657?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4756657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9929907-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4756657 — Rent arrears

Claims and awards in Tenancy Tribunal application 4756657. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	support of the claim. For the reasons given above, the tenant is ordered to pay $742.86 in rent arrears.
Breal lease fees	$494.50	Breal lease fees
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,257.80 Tony Spence and Jessica Drake: $1,342.20
The term of the fixed-term tenancy of Tony Spence and Jessica Drake at [Tenancy address suppressed] is reduced and now ends at 11.59 am on 9 December 2023.
All other applications are dismissed.

Reasons

Both parties attended the hearing on 8 February 2024.
The tenants entered into a fixed term tenancy commencing on 24 November 2023 and ending on 23 November 2024.
The tenant has applied to the Tribunal to be released from their fixed term tenancy, for the release of their bond and reimbursement of the filing fee.
The landlord has filed a cross claim with the Tribunal seeking orders for rent arrears, break lease fees, release of the bond and reimbursement of the filing fee.
Having sought to end the fixed term tenancy early, the landlord has found replacement tenants, so that this tenancy ended on 8 December 2023. Release from fixed term tenancy
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986 (“RTA”), which 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) RTA 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.
The weighing of relative hardship is a question of fact to be assessed objectively in each case.
The tenant Jessica Drake says that she attended a viewing of the property. The tenants subsequently signed a tenancy agreement.
When the tenants started to move into the premises, they say they discovered a range of faults.
Rather than invite the landlord to remedy the faults, they sent the landlord a 28-day notice of termination of the tenancy.
The landlord explained that the tenants could not simply terminate a fixed term tenancy. The landlord was prepared to break the fixed term, but that: • The tenant would remain liable for rent until such time as a replacement tenant could be found; and • Would be liable for break lease costs incurred by the landlord.
Can the issues raised by the tenant (if proven) amount to an unforeseen change in circumstances?
The tenant viewed the property prior to entering into the tenancy agreement. No doubt the weeds, wasps’ nest and standard of house cleanliness were all matters that could have been discovered by the tenant when viewing the house. I do not consider the change to be an unforeseen change in tenant circumstances.
The tenant also raised unsubstantiated concerns over the premises having a supernatural presence. They explained that doors would slam and that they heard footsteps in the hallway when there was no one present in the hall. This was from a tenant perspective an unforeseen circumstance, but I do not accept that there has been sufficient evidence provided to prove that there was in reality a supernatural presence in the house.
The second limb of the test is whether the unforeseen change will result is a severe hardship to the tenant if the term is not reduced. The tenant is liable for 8 days rent, as fortuitously for them, the landlord has obtained replacement tenants. I do not accept that this could be considered to be a “severe” hardship. The tenant claim to reduce the fixed term is accordingly dismissed. The tenancy ended on 8 December 2023 when the landlord obtained replacement tenants. Landlord claims
The landlord seeks rent arrears of $742.86. That is the equivalent of eight days rent. The landlord provided a rent summary in support of the claim. For the reasons given above, the tenant is ordered to pay $742.86 in rent arrears.
The landlord seeks compensation for break lease costs. The landlord has provided an invoice for the costs with a break down. The costs are required to be the actual costs incurred by the landlord. I consider that the costs claimed of $494.50 are reasonable and the tenant is ordered to pay $494.50.
As the landlord has been wholly successful in this matter, I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4756657. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	support of the claim. For the reasons given above, the tenant is ordered to pay $742.86 in rent arrears.
Breal lease fees	$494.50	Breal lease fees
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,257.80 Tony Spence and Jessica Drake: $1,342.20
The term of the fixed-term tenancy of Tony Spence and Jessica Drake at [Tenancy address suppressed] is reduced and now ends at 11.59 am on 9 December 2023.
All other applications are dismissed.

Reasons

Both parties attended the hearing on 8 February 2024.
The tenants entered into a fixed term tenancy commencing on 24 November 2023 and ending on 23 November 2024.
The tenant has applied to the Tribunal to be released from their fixed term tenancy, for the release of their bond and reimbursement of the filing fee.
The landlord has filed a cross claim with the Tribunal seeking orders for rent arrears, break lease fees, release of the bond and reimbursement of the filing fee.
Having sought to end the fixed term tenancy early, the landlord has found replacement tenants, so that this tenancy ended on 8 December 2023. Release from fixed term tenancy
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986 (“RTA”), which 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) RTA 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.
The weighing of relative hardship is a question of fact to be assessed objectively in each case.
The tenant Jessica Drake says that she attended a viewing of the property. The tenants subsequently signed a tenancy agreement.
When the tenants started to move into the premises, they say they discovered a range of faults.
Rather than invite the landlord to remedy the faults, they sent the landlord a 28-day notice of termination of the tenancy.
The landlord explained that the tenants could not simply terminate a fixed term tenancy. The landlord was prepared to break the fixed term, but that: • The tenant would remain liable for rent until such time as a replacement tenant could be found; and • Would be liable for break lease costs incurred by the landlord.
Can the issues raised by the tenant (if proven) amount to an unforeseen change in circumstances?
The tenant viewed the property prior to entering into the tenancy agreement. No doubt the weeds, wasps’ nest and standard of house cleanliness were all matters that could have been discovered by the tenant when viewing the house. I do not consider the change to be an unforeseen change in tenant circumstances.
The tenant also raised unsubstantiated concerns over the premises having a supernatural presence. They explained that doors would slam and that they heard footsteps in the hallway when there was no one present in the hall. This was from a tenant perspective an unforeseen circumstance, but I do not accept that there has been sufficient evidence provided to prove that there was in reality a supernatural presence in the house.
The second limb of the test is whether the unforeseen change will result is a severe hardship to the tenant if the term is not reduced. The tenant is liable for 8 days rent, as fortuitously for them, the landlord has obtained replacement tenants. I do not accept that this could be considered to be a “severe” hardship. The tenant claim to reduce the fixed term is accordingly dismissed. The tenancy ended on 8 December 2023 when the landlord obtained replacement tenants. Landlord claims
The landlord seeks rent arrears of $742.86. That is the equivalent of eight days rent. The landlord provided a rent summary in support of the claim. For the reasons given above, the tenant is ordered to pay $742.86 in rent arrears.
The landlord seeks compensation for break lease costs. The landlord has provided an invoice for the costs with a break down. The costs are required to be the actual costs incurred by the landlord. I consider that the costs claimed of $494.50 are reasonable and the tenant is ordered to pay $494.50.
As the landlord has been wholly successful in this matter, I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4756657 — Rent arrears

At a glance

Tenancy Tribunal case 4756657 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions