What was Tenancy Tribunal case 4941853 about?

The tribunal order states: Lily Li must pay [The tenant/s] $1,977.00 immediately.

How much money was awarded in case 4941853?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4941853?

The dispute type was not classified.

Where can I read the official tribunal order for case 4941853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10861358-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4941853 about?

The tribunal order states: Lily Li must pay [The tenant/s] $1,977.00 immediately.

How much money was awarded in case 4941853?

Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 4941853?

The dispute type was not classified.

Where can I read the official tribunal order for case 4941853?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10861358-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4941853 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4941853 — net $1,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond Refund	$1,950.00	Bond Refund
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,977.00
Total payable by Landlord to Tenant	$1,977.00

Only the applicant tenants attended the hearing. The respondent was called on the number provided in the application three times and there was no response. The file records that the landlord was posted notice of today’s hearing and sent a text reminder. The hearing, therefore, proceeded in the landlord’s absence.

The tenant has applied for reduction of a fixed term tenancy, refund of the bond and reimbursement of the filing fee.

In determining both the claim for reduction of fixed term and the bond refund claim I must first determine whether or not this tenancy has already come to an end.

Has the tenancy ended?

The parties entered into a contract for a one-year fixed term tenancy to commence on 20 July 2024. The contract is dated 30 June 2024.

On 5 July 2024 the tenant messaged the landlord seeking to end the contract on the grounds that the premises did not meet Healthy Homes standards. The tenant stated that she wished to return the keys and have her money refunded. The landlord replied on 6 July 2024 “no problem, please put the keys on the window and let me know, once I get the keys, will refund you, give me your account”.

The tenant stated that she returned the keys on 7 July 2024 but never received her bond refund.

Having considered the evidence provided today I find that this tenancy was ended by consent on 6 July 2024. Bond refund

The tenant seeks refund of the bond.

The landlord has not filed a counterclaim with Tenancy Services.

Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Reduction of fixed term tenancy

The tenant has applied for reduction of the fixed-term tenancy due to end on 25 July 2025.

A fixed term tenancy may be ended early by agreement between the parties or by order of the Tribunal.

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.

The tenant claimed that the change in circumstances was that she discovered the premises were not healthy homes compliant as there was no heat pump and the landlord did not respond promptly to her calls. A landlord has 120 days from the commencement of a tenancy to comply with healthy homes requirements. In this case the tenant did not give the landlord an opportunity to comply, therefore, this is not grounds for a reduction in fixed term.

However, as stated in paragraph 7 above I find that in this case the tenancy has already ended by agreement between the parties.

Because the tenants have substantially succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4941853 — net $1,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond Refund	$1,950.00	Bond Refund
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,977.00
Total payable by Landlord to Tenant	$1,977.00

Order

Lily Li must pay [The tenant/s] $1,977.00 immediately. DescriptionTenant Bond Refund $1,950.00 Filing fee reimbursement $27.00 Total award $1,977.00 Total payable by Landlord to Tenant $1,977.00

Reasons

Only the applicant tenants attended the hearing. The respondent was called on the number provided in the application three times and there was no response. The file records that the landlord was posted notice of today’s hearing and sent a text reminder. The hearing, therefore, proceeded in the landlord’s absence.
The tenant has applied for reduction of a fixed term tenancy, refund of the bond and reimbursement of the filing fee.
In determining both the claim for reduction of fixed term and the bond refund claim I must first determine whether or not this tenancy has already come to an end.

Has the tenancy ended?

The parties entered into a contract for a one-year fixed term tenancy to commence on 20 July 2024. The contract is dated 30 June 2024.
On 5 July 2024 the tenant messaged the landlord seeking to end the contract on the grounds that the premises did not meet Healthy Homes standards. The tenant stated that she wished to return the keys and have her money refunded. The landlord replied on 6 July 2024 “no problem, please put the keys on the window and let me know, once I get the keys, will refund you, give me your account”.
The tenant stated that she returned the keys on 7 July 2024 but never received her bond refund.
Having considered the evidence provided today I find that this tenancy was ended by consent on 6 July 2024. Bond refund
The tenant seeks refund of the bond.
The landlord has not filed a counterclaim with Tenancy Services.
Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Reduction of fixed term tenancy
The tenant has applied for reduction of the fixed-term tenancy due to end on 25 July 2025.
A fixed term tenancy may be ended early by agreement between the parties or by order of the Tribunal.
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.
The tenant claimed that the change in circumstances was that she discovered the premises were not healthy homes compliant as there was no heat pump and the landlord did not respond promptly to her calls. A landlord has 120 days from the commencement of a tenancy to comply with healthy homes requirements. In this case the tenant did not give the landlord an opportunity to comply, therefore, this is not grounds for a reduction in fixed term.
However, as stated in paragraph 7 above I find that in this case the tenancy has already ended by agreement between the parties.
Because the tenants have substantially succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4941853 — Tenancy dispute

At a glance

Tenancy Tribunal case 4941853 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Has the tenancy ended?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the tenancy ended?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions