What was Tenancy Tribunal case 4758879 about?

The tribunal order states: The Tribunal declares that this fixed-term tenancy ended 9 November 2023. No

How much money was awarded in case 4758879?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758879?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4758879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9974290-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4758879 about?

The tribunal order states: The Tribunal declares that this fixed-term tenancy ended 9 November 2023. No

How much money was awarded in case 4758879?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758879?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4758879?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9974290-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4758879 — Rent arrears

Order

The Tribunal declares that this fixed-term tenancy ended 9 November 2023. No tenant liabilities for rent or break costs beyond this date apply.
The tenant application for exemplary damages and rent paid prior to 9 November 2023 to be returned is dismissed.

Reasons

Both parties attended the hearing, conducted remotely. A call during the hearing was made to the second property manager after a change in agency (who released the tenant from the tenancy on 6 December 2023).
The tenant sought a declaration of non-liability for rent arrears and also sought repayment for rent paid of $3000.00. Exemplary damages were also sought.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
As this application relates to withdrawal from a tenancy due to family violence, the applicable section of the Residential Tenancies Act 1986 is copied (in part) below.
Section 56B of the Residential Tenancies Act 1986 (“RTA”) came into force on 11 August 2021. The section relevantly provides: 56B Withdrawal from tenancy following family violence (1)A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a)the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b)the notice is in the approved form and includes the prescribed information.
Further, (8) of that section provides that family violence has the meaning given to it by section 9 of the Family Violence Act 2018 and defines qualifying evidence as a declaration in the approved form made by a person who is prescribed, or is of a class prescribed, for the purposes of this subsection; or evidence, in the approved form, of a prescribed type. Background
The tenant was concerned regarding possible family violence. This concern was regarding to parents living elsewhere. The tenant lived alone. It was the compromising of her location that concerned her, and a later interaction with her mother. A series of exchanges via text and voice took place in mid-October 2023. Fortunately at that time she was able to stay elsewhere and no formal action regarding family violence after an initial call to the police was taken (the landlord at the time, when made aware of the problem, advised the tenant to contact the police). No further action was taken at that time but a subsequent request for the police record in December confirms tenant contact at that time due to concerns regarding family violence.
The tenant gave the landlord notice to terminate. There is some dispute regarding the basis and handling of this notice. The tenant believes the landlord should have advised her of her right to terminate with 2 days notice per s 56B. This section was not cited until later, after the longer tenant notice period, when she claims she was then notified of the requirement to pay break costs and ongoing rent until a new tenancy formed. Termination
The right to terminate due to family violence is a relatively recent addition to the Residential Tenancies Act. There was a delay from the amendment being inserted into the RTA and the formalisation of the process to be followed. 1
While the tenant claims the landlord failed her at that time, I am not convinced this is so. In concluding this I have considered the communication between the parties. If the tenant has contacted the family violence agency that she later contacted in December she may have received appropriate advice. Her contact with police at the time did not appear to trigger any related advice regarding options.
The requirements of a termination via s 56B are specific. The wording recognises the challenges for a party experiencing family violence. Definition of whether what has occurred is family violence is to be made by appropriate agencies and not the Tribunal.
The tenant emailed the new landlord on 30 November 2023, after being chased regarding rent arrears. I had to leave that place due to family safety/violence issues which I have a police report number for, hence I asked to move and was told that my last date for rent would be on the 9th of November, I was only told after I moved that I would have to pay until a new tenant would go in.
This commenced a series of exchanges where the landlord requested supporting evidence. This later communication and evidence prior to the release on 6 December 2023 reflects what might be reasonably be expected for a withdrawal per s 56B.
The owner is sympathetic to the tenant’s situation. The exiting landlord advised when called at the hearing that the owner had indicated they would not be pursuing any rent arrears from 9 November 2023 until 6 December 2023 in consideration of this. 1 The Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022, prescribed the contents of a s 56B notice, but it did not come into force until 29 December 2022.
Section 56B is often referred to as a “2 day notice”, as the tenant herself did during this application and hearing. That ignores the “at least” that precedes the minimum notice period in s 56B(1). It is possible that an actual notice period may be longer depending on specific circumstances.
The landlord responded to the notice from the tenant in October as follows: Dear [tenant] This letter is to acknowledge receipt of your notice that you will be vacating [tenancy address] on 09/11/2023. At the time of printing this letter your rent is paid to 03/10/2023 with last rent received on 02/10/2023.Your rent need to paid to your final day being 09/11/2023.
That email was silent on any break fees. Assertion of that liability, along with future rent, might have prompted the tenant to better investigate her options, including the use of s 56B, at that time.
The initial tenant notice does not appear to seek to utilise the s 56B withdrawal provisions. That was later sought and granted in December. That was then followed by the tenant seeking, through this application, a retrospective refund of rent from mid-October when the events occurred through to 9 November - due to her view the landlord should have advised her to use s 56B. The landlord advice at the time, to call police, seems. I do not consider provision of further advice without some query from the tenant first to be a landlord responsibility under the RTA. No specific unlawful act for any such failure was identified by the tenant.
When considering claims, the Tribunal must consider s 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. This provision recognises that, although applying established legal principles will generally produce a fair result, there are circumstances where it will not. In such situations, the Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case.
Having considered the communication and steps taken by both landlords after contact from the tenant, as well as the view of the owner as relayed by the last landlord, I declare the tenancy ended 9 November 2023 without any tenant liability for any subsequent loss of rent or cost of reletting.
Effectively, I am applying the withdrawal provision of s 56B and adopting the extended tenant notice period as set by her in the notice to terminate. In the alternative, it could be argued the tenant surrendered the tenancy with the landlord releasing her without liability beyond rent to the nominated end date (see s 50(1)(d) RTA).
Given the circumstances recounted and evidenced, it would be inequitable to order any retrospective refund of any rent paid prior to 9 November 2023.
I make no order regarding the application filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, s 95A(1A) RTA states the Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published.
Accordingly, all identifying particulars are ordered suppressed.

Tenancy Tribunal case 4758879 — Rent arrears

At a glance

Tenancy Tribunal case 4758879 — 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