What was Tenancy Tribunal case 5081995 about?

The tribunal order states: No suppression orders apply to the publication of this decision.

How much money was awarded in case 5081995?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5081995?

The dispute type was not classified.

Where can I read the official tribunal order for case 5081995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566299-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5081995 about?

The tribunal order states: No suppression orders apply to the publication of this decision.

How much money was awarded in case 5081995?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5081995?

The dispute type was not classified.

Where can I read the official tribunal order for case 5081995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11566299-Tenancy_Tribunal_Order.pdf.

152I Regan Street, Stratford, Stratford 4332 Tenancy Tribunal Case 5081995 — Tenancy dispute

Order

No suppression orders apply to the publication of this decision.
The application made against Collective First National Real Estate - Stratford, [The landlord/s] is withdrawn.
The application of the tenant is dismissed.
The landlord may file an application for compensation for the early end of the fixed term if they wish to pursue this.

Reasons

Both parties attended the hearing. The tenant appeared by telephone after requesting to do so.
The tenant has applied for the reduction of the fixed-term tenancy due to end in August 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.
The tenant says that that Collective First National Real Estate signed or were named on the tenancy agreement but there is no evidence of this. Collective First National Real Estate - Stratford, [The landlord/s] say that their involvement was just finding a tenant for the landlord. Property managers will only be landlords in certain circumstances. In contrast to this there is no doubt that Wynott Properties Limited is a landlord. Not including Collective First National as a landlord will make no difference to the outcome of this application in any event. The tenant agreed to withdraw his application against Collective First National Real Estate as the landlord.
The application is dismissed because the tenancy has already ended. A new tenant is in possession of the property, and they moved in on 17 February 2025.
As explained several times at the hearing there is no tenancy existing between the parties now for me to terminate (even if the tenant did have an emergency situation).
The landlord told the tenant on 22 October 2024 that they would compromise to help him end the tenancy early after he requested to leave. They agreed to release him once they found a suitable tenant. The agreement set out that the tenant would be responsible for rent payments until such a time that a new tenant is found and starts paying rent. The tenant left the property and returned the keys to the landlord following a final inspection between the parties that took place on 25 October 2024.
The tenancy has ended and the dispute between the parties now therefore centres upon the compensation the landlord should be paid by the tenant.
If a tenant wishes to default on a fixed term contract, where the landlord accepts the repudiation, the tenancy ends on the terms agreed. In such a situation of surrender the landlord does not have to agree and can stipulate terms provided they are reasonable. Such reasonable terms can be to ensure the aggrieved party (here the landlord) be placed in the same position as they would have been in, but for the breach of the tenancy agreement.
No landlord application for compensation is before me so I cannot make such an order today. It may bring a separate application for compensation if they require this.
The tenant seeks name suppression. This is not granted because the tenant has not been successful, and I see no other reason to award suppression in this case (section 95A, RTA).
I note that the tenant confirmed his email address for service of the landlord’s application at the hearing. This was the gmail address he used in conjunction with this application which contains an 8.

Order

No suppression orders apply to the publication of this decision.

The application made against Collective First National Real Estate - Stratford, [The landlord/s] is withdrawn.

The application of the tenant is dismissed.

The landlord may file an application for compensation for the early end of the fixed term if they wish to pursue this.

Reasons

Both parties attended the hearing. The tenant appeared by telephone after requesting to do so.

The tenant has applied for the reduction of the fixed-term tenancy due to end in August 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.

The tenant says that that Collective First National Real Estate signed or were named on the tenancy agreement but there is no evidence of this. Collective First National Real Estate - Stratford, [The landlord/s] say that their involvement was just finding a tenant for the landlord. Property managers will only be landlords in certain circumstances. In contrast to this there is no doubt that Wynott Properties Limited is a landlord. Not including Collective First National as a landlord will make no difference to the outcome of this application in any event. The tenant agreed to withdraw his application against Collective First National Real Estate as the landlord.

The application is dismissed because the tenancy has already ended. A new tenant is in possession of the property, and they moved in on 17 February 2025.

As explained several times at the hearing there is no tenancy existing between the parties now for me to terminate (even if the tenant did have an emergency situation).

The landlord told the tenant on 22 October 2024 that they would compromise to help him end the tenancy early after he requested to leave. They agreed to release him once they found a suitable tenant. The agreement set out that the tenant would be responsible for rent payments until such a time that a new tenant is found and starts paying rent. The tenant left the property and returned the keys to the landlord following a final inspection between the parties that took place on 25 October 2024.

The tenancy has ended and the dispute between the parties now therefore centres upon the compensation the landlord should be paid by the tenant.

If a tenant wishes to default on a fixed term contract, where the landlord accepts the repudiation, the tenancy ends on the terms agreed. In such a situation of surrender the landlord does not have to agree and can stipulate terms provided they are reasonable. Such reasonable terms can be to ensure the aggrieved party (here the landlord) be placed in the same position as they would have been in, but for the breach of the tenancy agreement.

No landlord application for compensation is before me so I cannot make such an order today. It may bring a separate application for compensation if they require this.

The tenant seeks name suppression. This is not granted because the tenant has not been successful, and I see no other reason to award suppression in this case (section 95A, RTA).

I note that the tenant confirmed his email address for service of the landlord’s application at the hearing. This was the gmail address he used in conjunction with this application which contains an 8.

Tenancy Tribunal case 5081995 — Tenancy dispute at 152I Regan Street, Stratford, Stratford 4332

At a glance

Claims & awards

Tenancy Tribunal case 5081995 — Tenancy dispute at 152I Regan Street, Stratford, Stratford 4332

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions