What was Tenancy Tribunal case 4848341 about?

The tribunal order states: The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address

How much money was awarded in case 4848341?

Compensation: $4,960.00 awarded to tenant

What type of tenancy dispute was case 4848341?

The dispute type was not classified.

Where can I read the official tribunal order for case 4848341?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10272121-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4848341 about?

The tribunal order states: The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address

How much money was awarded in case 4848341?

Compensation: $4,960.00 awarded to tenant

What type of tenancy dispute was case 4848341?

The dispute type was not classified.

Where can I read the official tribunal order for case 4848341?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10272121-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4848341 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4848341 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4848341 — net $4,960.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$4,960.00	Compensation
Net award	$4,960.00
Total payable by Landlord to Tenant	$4,960.00

Claims and awards for application 4848341 — net $4,960.00 NZD. Verify on MoJ.

Compensation

Amount: $4,960.00
Awarded to: Tenant
Reason: Compensation

Net award

Tenant $4,960.00

Total payable by Landlord to Tenant

Tenant $4,960.00

Claim types — money lines allowed on this order

Compensation

Order

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11.59 am on Friday 14 June 2024.
Holmwood Real Estate Limited As Agent For Helen Wedlake, Raymond Wedlake & The Estate Of Grant Stevens must pay [The tenant/s] $4,960.00 immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for reduction of the fixed-term tenancy due to end on 10 October 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.
There has been an unforeseen change in the landlord's circumstances. Sadly, one of the owners has passed away following an illness. I accept that this was an unforeseen circumstance.
The landlord would suffer severe hardship if the term of the tenancy were not reduced. This illness meant that the deceased’s wife had stopped working to care for him, leaving the financial shortfall on the rented premises to be met by the remaining owner. The financial calculation provided by the landlord shows a net shortfall of $651.00 per fortnight. The landlord says that there will have to be a mortgagee sale of the property if they are unable to sell it.
The landlord has potential purchasers for the premises, but only if there is vacant possession. The last date on which the purchaser would be prepared to settle is 20 June 2024.
The tenant would suffer hardship if the term were reduced. The tenant is a single mother with a child. The house is in the school zone for the child and the tenant works close by. In the event that the tenant must move, she will incur storage and moving charges along with the inevitable stress attached to moving.
By a fine margin, I find that the landlord’s hardship would be greater than the tenant’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the landlord to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $4,960.00 which is the equivalent of 8 weeks rent at the increased weekly rate of $620.00 to the tenant, taking into account the costs and stress incurred by the tenant as a result of the shift.
The circumstances of the case are such that I do not consider it appropriate to make an order regarding the filing fee.
The tenant has applied for name suppression. I consider that the tenant has been substantially successful in this matter and suppression of the tenant’s name and details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4848341 — net $4,960.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$4,960.00	Compensation
Net award	$4,960.00
Total payable by Landlord to Tenant	$4,960.00

Claims and awards for application 4848341 — net $4,960.00 NZD. Verify on MoJ.

Compensation

Amount: $4,960.00
Awarded to: Tenant
Reason: Compensation

Net award

Tenant $4,960.00

Total payable by Landlord to Tenant

Tenant $4,960.00

Claim types — money lines allowed on this order

Compensation

Order

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11.59 am on Friday 14 June 2024.
Holmwood Real Estate Limited As Agent For Helen Wedlake, Raymond Wedlake & The Estate Of Grant Stevens must pay [The tenant/s] $4,960.00 immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for reduction of the fixed-term tenancy due to end on 10 October 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.
There has been an unforeseen change in the landlord's circumstances. Sadly, one of the owners has passed away following an illness. I accept that this was an unforeseen circumstance.
The landlord would suffer severe hardship if the term of the tenancy were not reduced. This illness meant that the deceased’s wife had stopped working to care for him, leaving the financial shortfall on the rented premises to be met by the remaining owner. The financial calculation provided by the landlord shows a net shortfall of $651.00 per fortnight. The landlord says that there will have to be a mortgagee sale of the property if they are unable to sell it.
The landlord has potential purchasers for the premises, but only if there is vacant possession. The last date on which the purchaser would be prepared to settle is 20 June 2024.
The tenant would suffer hardship if the term were reduced. The tenant is a single mother with a child. The house is in the school zone for the child and the tenant works close by. In the event that the tenant must move, she will incur storage and moving charges along with the inevitable stress attached to moving.
By a fine margin, I find that the landlord’s hardship would be greater than the tenant’s hardship.
Where the Tribunal reduces a fixed-term tenancy, it may order the landlord to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $4,960.00 which is the equivalent of 8 weeks rent at the increased weekly rate of $620.00 to the tenant, taking into account the costs and stress incurred by the tenant as a result of the shift.
The circumstances of the case are such that I do not consider it appropriate to make an order regarding the filing fee.
The tenant has applied for name suppression. I consider that the tenant has been substantially successful in this matter and suppression of the tenant’s name and details is ordered.

Tenancy Tribunal case 4848341 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4848341 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions