What was Tenancy Tribunal case 5077308 about?

The tribunal order states: The tenant’s application for reduction of fixed-term tenancy is dismissed.

How much money was awarded in case 5077308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077308?

The dispute type was not classified.

Where can I read the official tribunal order for case 5077308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205389-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5077308 about?

The tribunal order states: The tenant’s application for reduction of fixed-term tenancy is dismissed.

How much money was awarded in case 5077308?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5077308?

The dispute type was not classified.

Where can I read the official tribunal order for case 5077308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11205389-Tenancy_Tribunal_Order.pdf.

22 Wawai Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5077308 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing, which was conducted remotely by phone.

The tenant has applied for reduction of the fixed-term tenancy due to end on 28 January 2025.

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.

On 20 November 2023 the tenant signed a renewal of fixed-term tenancy to continue until 28 January 2025. This was a further 12 months on top of their previous fixed-term of 12 months.

During October 2024, the tenant and his family wanted a property with a garden and more light. He told the Tribunal that they were finding the property depressing. It was hoped that a further property could be found with the same property management company and that they could find some tenants for the premises.

There was no agreement to reduce the fixed term tenancy at that time, but there was some communication about finding the tenants a new property. An email records them as excellent tenants.

In an email dated 12 November, the landlord recorded that a reduction would be agreed to on certain conditions, including that the tenant was liable for the rent until a new tenant was found.

The landlords have managed to secure new tenants but the new tenancy does not commence until the current fixed-term tenancy ends.

The tenant has secured a new property and has moved out, handing the keys back yesterday. The last rent payment was made on Tuesday.

The tenant has not established that there has been an unforeseen change in his circumstances.

Although the tenant will suffer hardship because he is now liable for rent in two properties until 28 January 2025, that is not an unforeseen circumstance.

Accordingly the tenant has not established a basis for the Tribunal to grant is application. It is dismissed.

Reasons