What was Tenancy Tribunal case 4919174 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 4919174?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4919174?

The dispute type was not classified.

Where can I read the official tribunal order for case 4919174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799363-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4919174 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 4919174?

Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4919174?

The dispute type was not classified.

Where can I read the official tribunal order for case 4919174?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10799363-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4919174 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4919174 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

Only the tenants attended the hearing. There was no appearance by the landlord or a representative of the landlord. As both parties had been notified, the hearing proceeded.

The tenants signed a Boarding House Tenancy Agreement on 29 February 2024 with the landlord, [The landlord/s]. While their names are not recorded as tenants on this agreement (at page 4), they confirm they signed as tenants on page 6 of the agreement.

This agreement records that the tenancy commenced on 8 March 2024 and was fixed for one year. The tenants confirm they have been paying rent of $600.00 per week to the landlord, from the start of the tenancy on 8 March 2024. They have lived at the premises until moving out on 21 July 2024. They also paid a bond of $1,200.00 to the landlord.

The tenants have applied for reduction of the fixed-term tenancy due to end on 7 March 2025.

Should the fixed term by reduced?

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) of the Residential Tenancies Act 1986 (the RTA).

After considering the evidence provided, I am satisfied that the tenants have established the above criteria to enable the Tribunal to reduce the fixed term tenancy. There has been an unforeseen change in the tenant's circumstances. They have provided detailed oral evidence regarding their traumatic experience following the arrest of the landlord on 22 May 2024. They state the police came to search the property, and photographs were taken, including of their own belongings. They were unable to communicate with the landlord after this day. They understand the landlord is in prison. They were also unable to communicate with the landlord’s family, who lived in the upstairs portion of the property, due to language barriers. They felt unsafe, as unknown people came and went from the property. They were concerned about ongoing access to power and Wi-Fi.

The tenants would suffer severe hardship if the term of the tenancy were not reduced, due to the evidence they have provided of their circumstances, and the effect on them were they to remain in the premises. They would also incur the cost of paying rent for the current premises and for the new premises they have now moved to.

There has been no evidence of the hardship to the landlord.

On balance, I find that the tenants’ hardship would be greater than the landlord’s hardship.

I note that the tenants paid a bond of $1,200.00 to the landlord, which was not lodged with the Bond Centre. The tenants have factored in the bond retained by the landlord and state they have paid rent up to two weeks before they moved out. This means the landlord has received payment equivalent to rent up to the end of the tenancy.

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) of the RTA. In this case, in view of the circumstances, and on the evidence before me, I find the landlord is not entitled to be compensated further under this provision. Filing fee

As the tenants have been successful, the landlord is to pay the tenants’ filing fee.

Claims and awards in Tenancy Tribunal application 4919174 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Landlord to Tenant	$20.44

Order

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends on 21 July 2024. 2.

Reasons

Only the tenants attended the hearing. There was no appearance by the landlord or a representative of the landlord. As both parties had been notified, the hearing proceeded.
The tenants signed a Boarding House Tenancy Agreement on 29 February 2024 with the landlord, [The landlord/s]. While their names are not recorded as tenants on this agreement (at page 4), they confirm they signed as tenants on page 6 of the agreement.
This agreement records that the tenancy commenced on 8 March 2024 and was fixed for one year. The tenants confirm they have been paying rent of $600.00 per week to the landlord, from the start of the tenancy on 8 March 2024. They have lived at the premises until moving out on 21 July 2024. They also paid a bond of $1,200.00 to the landlord.
The tenants have applied for reduction of the fixed-term tenancy due to end on 7 March 2025.

Should the fixed term by reduced?

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) of the Residential Tenancies Act 1986 (the RTA).
After considering the evidence provided, I am satisfied that the tenants have established the above criteria to enable the Tribunal to reduce the fixed term tenancy. There has been an unforeseen change in the tenant's circumstances. They have provided detailed oral evidence regarding their traumatic experience following the arrest of the landlord on 22 May 2024. They state the police came to search the property, and photographs were taken, including of their own belongings. They were unable to communicate with the landlord after this day. They understand the landlord is in prison. They were also unable to communicate with the landlord’s family, who lived in the upstairs portion of the property, due to language barriers. They felt unsafe, as unknown people came and went from the property. They were concerned about ongoing access to power and Wi-Fi.
The tenants would suffer severe hardship if the term of the tenancy were not reduced, due to the evidence they have provided of their circumstances, and the effect on them were they to remain in the premises. They would also incur the cost of paying rent for the current premises and for the new premises they have now moved to.
There has been no evidence of the hardship to the landlord.
On balance, I find that the tenants’ hardship would be greater than the landlord’s hardship.
I note that the tenants paid a bond of $1,200.00 to the landlord, which was not lodged with the Bond Centre. The tenants have factored in the bond retained by the landlord and state they have paid rent up to two weeks before they moved out. This means the landlord has received payment equivalent to rent up to the end of the tenancy.
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) of the RTA. In this case, in view of the circumstances, and on the evidence before me, I find the landlord is not entitled to be compensated further under this provision. Filing fee
As the tenants have been successful, the landlord is to pay the tenants’ filing fee.

Tenancy Tribunal case 4919174 — Tenancy dispute

At a glance

Tenancy Tribunal case 4919174 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the fixed term by reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the fixed term by reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions