What was Tenancy Tribunal case 4983450 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4983450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983450?

The dispute type was not classified.

Where can I read the official tribunal order for case 4983450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11005911-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4983450 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4983450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4983450?

The dispute type was not classified.

Where can I read the official tribunal order for case 4983450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11005911-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4983450 — Tenancy dispute

Order

The application is dismissed.

Reasons

Both parties attended the hearing, conducted via teleconference.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The landlord sought a break/reduction in the fixed-term of this tenancy.

Should the fixed-term be reduced?

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
The weighing of relative hardship is a question of fact to be assessed objectively in each case.
In this matter, the landlord had structured the fixed-term condition in the agreement. The change in circumstance came very soon before the fixed-term was to commence in August 2024. One owner was made redundant, and they are still experiencing financial pressure. They stated they need to sell this investment property to ease their financial burden.
The parties could not agree on terms for the tenancy to end by mutual agreement.
This application was lodged on 25 August 2024. The owner believes vacant possession before marketing the property will be financially advantageous as an owner-occupier is the most likely purchaser (albeit they purchased it as investors).
I do not consider the circumstances of the owner to be an unforeseen circumstance. Further, there were options for attempting a sale available to the owners within any constraint of this fixed-term tenancy. These might have been better enacted before waiting the two months for this hearing.
Given the above, I do not need to consider the relative severe hardship. Even if I did, any decision in favour of the owner on that basis would not be a certainty, given the late stage pregnancy of one tenant and other factors. 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, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application but this is declined as it has been unsuccessful.
I have exercised my own initiative to suppress the tenants’ details. There is no public interest in knowing their names given the nature of this application and subsequent dismissal.

Reasons

Both parties attended the hearing, conducted via teleconference.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The landlord sought a break/reduction in the fixed-term of this tenancy.

Should the fixed-term be reduced?

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.

There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

In this matter, the landlord had structured the fixed-term condition in the agreement. The change in circumstance came very soon before the fixed-term was to commence in August 2024. One owner was made redundant, and they are still experiencing financial pressure. They stated they need to sell this investment property to ease their financial burden.

The parties could not agree on terms for the tenancy to end by mutual agreement.

This application was lodged on 25 August 2024. The owner believes vacant possession before marketing the property will be financially advantageous as an owner-occupier is the most likely purchaser (albeit they purchased it as investors).

I do not consider the circumstances of the owner to be an unforeseen circumstance. Further, there were options for attempting a sale available to the owners within any constraint of this fixed-term tenancy. These might have been better enacted before waiting the two months for this hearing.

Given the above, I do not need to consider the relative severe hardship. Even if I did, any decision in favour of the owner on that basis would not be a certainty, given the late stage pregnancy of one tenant and other factors. 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, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application but this is declined as it has been unsuccessful.

I have exercised my own initiative to suppress the tenants’ details. There is no public interest in knowing their names given the nature of this application and subsequent dismissal.

Tenancy Tribunal case 4983450 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4983450 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should the fixed-term be reduced?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the fixed-term be reduced?

Topics & place

Residential Tenancies Act sections

Frequently asked questions