What was Tenancy Tribunal case 5019100 about?

The tribunal order states: Edinburgh Realty Limited Ta must pay [The tenant/s] $364.15 immediately,

How much money was awarded in case 5019100?

Filing Fee: $27.00 awarded to tenant; Rent Credit: $337.15 awarded to tenant

What type of tenancy dispute was case 5019100?

The dispute type was not classified.

Where can I read the official tribunal order for case 5019100?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961341-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5019100 about?

The tribunal order states: Edinburgh Realty Limited Ta must pay [The tenant/s] $364.15 immediately,

How much money was awarded in case 5019100?

Filing Fee: $27.00 awarded to tenant; Rent Credit: $337.15 awarded to tenant

What type of tenancy dispute was case 5019100?

The dispute type was not classified.

Where can I read the official tribunal order for case 5019100?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10961341-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 1 Queens Gardens, Dunedin Central, Dunedin Tenancy Tribunal Case 5019100 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5019100 — net $364.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent credit	$337.15	Rent credit
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$364.15
Bond	$2,760.00
Total payable by Landlord to Tenant	$364.15

Order

Edinburgh Realty Limited Ta must pay [The tenant/s] $364.15 immediately, being rent credit to 7 September 2024.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The tenant/s] immediately.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 3, 1 Queens Gardens, Dunedin Central, Dunedin 9016 is reduced and now ends at 11.59pm, Thursday 7 September 2024.
The landlord’s application for rent arrears is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for rent arrears. The tenant applied to be released from the fixed term tenancy and refund of the bond.
The tenancy commenced on 27 November 2022. There is a bond of $2,760.00 held by the Bond Centre. Tenant application
The tenant has applied for reduction of the fixed-term tenancy due to end on 31 December 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 tenant's circumstances. On 16 July 2024 the tenant emailed the landlord to request to break the fixed term tenancy as her ex-husband and father of her children had been advised that his cancer diagnosis was terminal. The tenant was his next of kin and Power of Attorney.
The tenancy is in Dunedin, but the tenant’s ex-husband was in hospital in Auckland. The tenant needed to relocate to Auckland.
On 24 July 2024 the tenant again emailed the landlord advising that her ex- husband had been offered chemotherapy which they thought would extend his life. She therefore advised that the tenancy could continue to the end of the fixed term. This communication confirms that the tenant’s reason for ending the tenancy early was genuine.
Unfortunately, by 5 August 2024 the tenant advised the landlord that the chemotherapy for her ex-husband was not working, his health had deteriorated, and she would need to proceed to end the fixed term early. She advised that she would vacate by Friday 9 August 2024. The tenant left on 8 August 2024 and the keys were returned to the landlord. It wasn’t until 26 August 2024 that the landlord advised that he would not agree to end the fixed term early.
The tenant’s ex-husband passed away on 28 August 2024.
The landlord did not agree for the fixed term tenancy to end early, but the premises were advertised for rent with an available date of 16 August 2024.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant has had to relocate to Auckland. She is not able to work at the moment so has no form of income and cannot afford to pay rent arrears. She has recently been allocated a Kainga Ora home in Auckalnd which is social housing for people with limited income.
The landlord would suffer hardship if the term is reduced. At the hearing the Property Managers had no evidence of the landlord’s financial situation or details of hardship. The landlord owns the four two-bedroom units in this building. The tenant said that he also owned the next-door commercial building but there was no evidence to support that.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
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) Residential Tenancies Act 1986.
While the landlord had readvertised the tenancy no request was made for the tenant to pay this. At one stage the landlord had proposed that the tenant pay the bond which could be released if a tenant was secured before the end of the fixed term but there was no agreement in relation to this. There was no evidence of any loss to the landlord.
I have determined that the tenancy is to end on 7 September 2024 as this is the date that the tenant had paid the rent up to. This is 53 days after the tenant first advised the landlord of her change of circumstance and requested for the fixed term to end early and 23 days after the tenant left the premises. The amount of notice given by the tenant provided the landlord with ample opportunity to re- tenant the premises and the tenant continued to pay rent after she vacated the tenancy.
According to the landlord’s rent summary the tenant had paid rent up to 7 September 2024 and was in credit for $337.15 and therefore that amount should be returned to her. Landlord application
As there are no rent arrears owed at the end of the tenancy, being 7 September 2024, the landlord’s claim for rent arrears is dismissed. Filing fee and suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the tenant’s name.

Claims and awards in Tenancy Tribunal application 5019100 — net $364.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Rent credit	$337.15	Rent credit
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$364.15
Bond	$2,760.00
Total payable by Landlord to Tenant	$364.15

Order

Edinburgh Realty Limited Ta must pay [The tenant/s] $364.15 immediately, being rent credit to 7 September 2024.
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The tenant/s] immediately.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat 3, 1 Queens Gardens, Dunedin Central, Dunedin 9016 is reduced and now ends at 11.59pm, Thursday 7 September 2024.
The landlord’s application for rent arrears is dismissed.

Reasons

Both parties attended the hearing by telephone.
The landlord has applied for rent arrears. The tenant applied to be released from the fixed term tenancy and refund of the bond.
The tenancy commenced on 27 November 2022. There is a bond of $2,760.00 held by the Bond Centre. Tenant application
The tenant has applied for reduction of the fixed-term tenancy due to end on 31 December 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 tenant's circumstances. On 16 July 2024 the tenant emailed the landlord to request to break the fixed term tenancy as her ex-husband and father of her children had been advised that his cancer diagnosis was terminal. The tenant was his next of kin and Power of Attorney.
The tenancy is in Dunedin, but the tenant’s ex-husband was in hospital in Auckland. The tenant needed to relocate to Auckland.
On 24 July 2024 the tenant again emailed the landlord advising that her ex- husband had been offered chemotherapy which they thought would extend his life. She therefore advised that the tenancy could continue to the end of the fixed term. This communication confirms that the tenant’s reason for ending the tenancy early was genuine.
Unfortunately, by 5 August 2024 the tenant advised the landlord that the chemotherapy for her ex-husband was not working, his health had deteriorated, and she would need to proceed to end the fixed term early. She advised that she would vacate by Friday 9 August 2024. The tenant left on 8 August 2024 and the keys were returned to the landlord. It wasn’t until 26 August 2024 that the landlord advised that he would not agree to end the fixed term early.
The tenant’s ex-husband passed away on 28 August 2024.
The landlord did not agree for the fixed term tenancy to end early, but the premises were advertised for rent with an available date of 16 August 2024.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant has had to relocate to Auckland. She is not able to work at the moment so has no form of income and cannot afford to pay rent arrears. She has recently been allocated a Kainga Ora home in Auckalnd which is social housing for people with limited income.
The landlord would suffer hardship if the term is reduced. At the hearing the Property Managers had no evidence of the landlord’s financial situation or details of hardship. The landlord owns the four two-bedroom units in this building. The tenant said that he also owned the next-door commercial building but there was no evidence to support that.
I find that the tenant’s hardship would be greater than the landlord’s hardship.
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) Residential Tenancies Act 1986.
While the landlord had readvertised the tenancy no request was made for the tenant to pay this. At one stage the landlord had proposed that the tenant pay the bond which could be released if a tenant was secured before the end of the fixed term but there was no agreement in relation to this. There was no evidence of any loss to the landlord.
I have determined that the tenancy is to end on 7 September 2024 as this is the date that the tenant had paid the rent up to. This is 53 days after the tenant first advised the landlord of her change of circumstance and requested for the fixed term to end early and 23 days after the tenant left the premises. The amount of notice given by the tenant provided the landlord with ample opportunity to re- tenant the premises and the tenant continued to pay rent after she vacated the tenancy.
According to the landlord’s rent summary the tenant had paid rent up to 7 September 2024 and was in credit for $337.15 and therefore that amount should be returned to her. Landlord application
As there are no rent arrears owed at the end of the tenancy, being 7 September 2024, the landlord’s claim for rent arrears is dismissed. Filing fee and suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I suppress the tenant’s name.

Tenancy Tribunal case 5019100 — Tenancy dispute at Unit/Flat 3, 1 Queens Gardens, Dunedin Central, Dunedin

At a glance

Tenancy Tribunal case 5019100 — Tenancy dispute at Unit/Flat 3, 1 Queens Gardens, Dunedin Central, Dunedin

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions