What was Tenancy Tribunal case 4969443 about?

The tribunal order states: The term of the fixed-term tenancy of [The tenant/s] at 12 Rama Crescent,

How much money was awarded in case 4969443?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4969443?

The dispute type was not classified.

Where can I read the official tribunal order for case 4969443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10811447-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4969443 about?

The tribunal order states: The term of the fixed-term tenancy of [The tenant/s] at 12 Rama Crescent,

How much money was awarded in case 4969443?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4969443?

The dispute type was not classified.

Where can I read the official tribunal order for case 4969443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10811447-Tribunal_Order_Redacted.pdf.

12 Rama Crescent, Khandallah, Wellington 6035 Tenancy Tribunal Case 4969443 — Tenancy dispute

Order

The term of the fixed-term tenancy of [The tenant/s] at 12 Rama Crescent, Khandallah, Wellington 6035 is reduced and now ends at 11.59 pm on Monday 9 September 2024.
The tenant owes no rent after 9 September 2024.
The fixed term tenancy continues for the three tenants who are still living at the tenancy premises and they are not responsible for finding a replacement tenant.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant took over a place in a four person fixed term tenancy. The variation he signed became effective on 19 April 2024. In June he let the landlord know about a noise in the pipes above his bedroom. The noise happens every day, and sometimes disturbs his sleep. The tenant moved out in August because he cannot live with the noise. Ideally, he wants to be let out of his part of the fixed term agreement. He has applied for an order reducing the fixed term tenancy because of a breach of quiet enjoyment.
The landlord sent a plumber promptly and it is likely there is an air lock in a pipe somewhere. Finding the air lock would mean cutting holes in the ceiling and walls. The owner said she was aware of the noise from when she lived in the house and did not think it was bad. She said she will not pay for the investigative work and repair. The landlord said the tenant could find a replacement tenant and move out. The tenant advertised and had no success.
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 (RTA).
The tenant recorded the noise and played the recording at the hearing. We heard a repetitive banging in the pipes that lasted minutes. It was worse than I had anticipated. It seems most likely to me the noise would interrupt sleep and interfere with the usual use of the bedroom. I find having this noise in a bedroom would amount to an unforeseen change in the tenant’s circumstances.
The tenant moved out on 17 August. The tenancy has not ended, and he is currently paying rent for two tenancies. He continues to pay $205 a week in rent, and the rent at the new tenancy is $350 a week. While he can afford this in the short term, I find there would be severe hardship if the fixed term tenancy is not reduced.
Finally, I need to consider the respective hardship for the owner and the tenant. The owner is not living in the house. She is not being disturbed every day. She is not having to pay two lots of rent while trying to rent out a room. I find the hardship is greater for the tenant.
The reduction of the fixed term tenancy is the remedy where there is an unforeseen change in circumstances. I do not find I should allow any other compensation.
The remaining three tenants want to stay living in the house. I want to be very clear that the reduction of the fixed term for this tenant does not change the fixed term tenancy agreement for the other tenants, which ends or becomes periodic on 31 January 2025. I specify this because those three tenants want to stay, as they are not affected by the noise to the same extent.
Section 85 RTA allows the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of all disputes between landlords and tenants, considering the general principles of law and the substantial merits and justice of the case.
In as far as is necessary I rely on section 85 (RTA) and: • reduce the fixed term for the tenant, ending the tenancy tonight • note that the tenant’s bond should be refunded as soon as possible, provided the room is left reasonably clean and tidy and there is no careless or intentional damage • note that this order is not intended to change the fixed term tenancy for the remaining three tenants • note that the remaining three tenants are not responsible for finding a replacement tenant • note my advice to the landlord at the hearing that it seems most likely to me the room cannot be used as a bedroom at the moment. Other orders
No order is made for the filing fee. I consider that the tenant can pay the cost of the application.
I have used my discretion to order suppression for the tenant because the tenant is the most successful party. The landlord’s name will be published because there is public interest in names when orders are made ending fixed term tenancies.

Order

The term of the fixed-term tenancy of [The tenant/s] at 12 Rama Crescent, Khandallah, Wellington 6035 is reduced and now ends at 11.59 pm on Monday 9 September 2024.
The tenant owes no rent after 9 September 2024.
The fixed term tenancy continues for the three tenants who are still living at the tenancy premises and they are not responsible for finding a replacement tenant.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant took over a place in a four person fixed term tenancy. The variation he signed became effective on 19 April 2024. In June he let the landlord know about a noise in the pipes above his bedroom. The noise happens every day, and sometimes disturbs his sleep. The tenant moved out in August because he cannot live with the noise. Ideally, he wants to be let out of his part of the fixed term agreement. He has applied for an order reducing the fixed term tenancy because of a breach of quiet enjoyment.
The landlord sent a plumber promptly and it is likely there is an air lock in a pipe somewhere. Finding the air lock would mean cutting holes in the ceiling and walls. The owner said she was aware of the noise from when she lived in the house and did not think it was bad. She said she will not pay for the investigative work and repair. The landlord said the tenant could find a replacement tenant and move out. The tenant advertised and had no success.
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 (RTA).
The tenant recorded the noise and played the recording at the hearing. We heard a repetitive banging in the pipes that lasted minutes. It was worse than I had anticipated. It seems most likely to me the noise would interrupt sleep and interfere with the usual use of the bedroom. I find having this noise in a bedroom would amount to an unforeseen change in the tenant’s circumstances.
The tenant moved out on 17 August. The tenancy has not ended, and he is currently paying rent for two tenancies. He continues to pay $205 a week in rent, and the rent at the new tenancy is $350 a week. While he can afford this in the short term, I find there would be severe hardship if the fixed term tenancy is not reduced.
Finally, I need to consider the respective hardship for the owner and the tenant. The owner is not living in the house. She is not being disturbed every day. She is not having to pay two lots of rent while trying to rent out a room. I find the hardship is greater for the tenant.
The reduction of the fixed term tenancy is the remedy where there is an unforeseen change in circumstances. I do not find I should allow any other compensation.
The remaining three tenants want to stay living in the house. I want to be very clear that the reduction of the fixed term for this tenant does not change the fixed term tenancy agreement for the other tenants, which ends or becomes periodic on 31 January 2025. I specify this because those three tenants want to stay, as they are not affected by the noise to the same extent.
Section 85 RTA allows the Tribunal to exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of all disputes between landlords and tenants, considering the general principles of law and the substantial merits and justice of the case.
In as far as is necessary I rely on section 85 (RTA) and: • reduce the fixed term for the tenant, ending the tenancy tonight • note that the tenant’s bond should be refunded as soon as possible, provided the room is left reasonably clean and tidy and there is no careless or intentional damage • note that this order is not intended to change the fixed term tenancy for the remaining three tenants • note that the remaining three tenants are not responsible for finding a replacement tenant • note my advice to the landlord at the hearing that it seems most likely to me the room cannot be used as a bedroom at the moment. Other orders
No order is made for the filing fee. I consider that the tenant can pay the cost of the application.
I have used my discretion to order suppression for the tenant because the tenant is the most successful party. The landlord’s name will be published because there is public interest in names when orders are made ending fixed term tenancies.

Tenancy Tribunal case 4969443 — Tenancy dispute at 12 Rama Crescent, Khandallah, Wellington 6035

At a glance

Claims & awards

Tenancy Tribunal case 4969443 — Tenancy dispute at 12 Rama Crescent, Khandallah, Wellington 6035

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions