What was Tenancy Tribunal case 5086688 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5086688?

Tenancy address suppressed] is reduc…: $1,892.84 awarded to landlord

What type of tenancy dispute was case 5086688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11351018-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5086688 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5086688?

Tenancy address suppressed] is reduc…: $1,892.84 awarded to landlord

What type of tenancy dispute was case 5086688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11351018-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5086688 — Rent arrears

Claims and awards in Tenancy Tribunal application 5086688. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The tenant/s] owes [The landlord	$1,892.84		Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The tenant/s] owes [The landlord

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024.
[The tenant/s] owes [The landlord/s] $1,892.84 for rent arrears and compensation.
The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $0.00 [The tenant/s]: $2,960.00

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 10 August 2025. The tenancy commenced on 10 August 2024. Background
The property is a steep site, with stair access to the house. The tenants included parents and their daughter. One of the parents has suffered a brain injury and the other has dementia and the daughter provides care for them.
The tenants explained that they urgently needed to find a rental property, so agreed to take the property on the basis that they would be able to make it work.
One of the tenants required ACC related alterations to the property. The tenants advised that when they moved into the property, they knew it would require some additions to ensure it was safe. The landlord advises that they did not know that ACC would be undertaking any assessments to the property nor that any alterations would be required.
When the tenants signed the tenancy agreement at the commencement of the tenancy, the tenants were provided with, and signed, a Fixed Term Tenancy Acknowledgment form. It advised the tenants that there were additional conditions associated with a fixed term tenancy, and that there would be break lease implications if the fixed term tenancy lease was broken, including costs associated with securing replacement tenants.
After the tenants moved in, ACC reviewed the property and determined that handrails would be required in several locations. Discussion ensued between the parties and ultimately although the landlord approved some of the requested additions, the landlord did not approve all, including a handrail on the front steps of the property leading up to the house.
The landlord advises that this was on the basis that it would require concrete footings and would not easily be able to be removed at the end of the tenancy.
As a result of not having these additions made, the tenants felt they were unable to live safely or comfortably at the property, and quickly endeavoured to find another property that would be safe. Effectively, they say that because of not being able to make the additions, one of the tenants was unable to leave the house at all.
On 26 November 2024 the tenants advised the landlord of their intention to move out of the property on 3 December 2024. The landlord provided the tenants with a break lease acknowledge form to initiate the process. The form included liability for break lease costs however the tenants advised that they did not sign the form due to the possible costs indicated in the form that they would be liable for and that tenancy services had advised them not to sign the form. As a result, the landlord did not commence any formal procedures to end the lease.
The tenants signed a new tenancy and moved out of the tenancy address on 3 December 2024.
The landlord has not found a new tenant for the property on the basis that the tenants are still in a fixed term tenancy and rent has continued to accrue.
The tenant submitted that they were in a difficult position and had to do the right thing for their family and that they expected more compassion. The landlord submits they did everything they could to resolve the issue for the tenant, including trying to assist with alternative properties. The law
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and a. there would be severe hardship to the applicant if the term is not reduced; and b. 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. Although it was not unforeseen that the property likely needed ACC alterations for safety, it was unforeseen that they would be unable to get permission to do all the ACC alterations.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant is now paying rent at a new property. The tenant would suffer hardship if they were required to pay two sets of rent until the end of August 2025.
The landlord would also suffer hardship if the term was reduced. The tenants left the property just before Christmas holiday period when it is difficult to re- tenant the property. Rent has not been paid at the property since mid- December 2024 and the landlord has accordingly not been receiving any income to cover the mortgage.
I find however that the tenant’s hardship would be greater than the landlord’s hardship. The landlord can re-tenant the property and receive income.
In a periodic tenancy the standard notice period for terminating a tenancy required by a tenant is 28 days. Accordingly, I find that it would be fair and reasonable for the tenancy to end 28 days after the tenants gave notice on 26 November 2024, meaning that the tenancy is to end on 24 December 2024.
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.
The landlord has suffered a loss in the reduction of the fixed term tenancy and the inability to re-tenant the property due to the extant fixed term tenancy.
I award compensation to the landlord equivalent to a further one week of rent and amounting to of $750.00 to the landlord, considering the difficult Christmas period and expected associated costs (for example, advertising) for re-tenanting (additional losses).
There is currently a bond of $2,960.00. The rental summary provided shows that the tenants have paid rent until 13 December 2024. I have calculated that the rent owed until the end of the tenancy (24 December 2024) is $1,152.84 (outstanding rent).
The total amount to be paid from the bond to the landlord is therefore $1,892.84 ($1,152.84 outstanding rent plus $740 additional losses).
The remaining amount of bond held should be refunded to the tenants. Suppression and filing fee
As both parties have had some success, I have not awarded the filing fee to either party.
The tenant has applied for suppression in the application. As both parties have had some level of success, and any decision benefit to the public can be achieved without publishing names, I have determined that it is appropriate to grant suppression to both parties. R Harvey-Lane 24 January 2025

Claims and awards in Tenancy Tribunal application 5086688. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The tenant/s] owes [The landlord	$1,892.84		Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The tenant/s] owes [The landlord

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024.
[The tenant/s] owes [The landlord/s] $1,892.84 for rent arrears and compensation.
The Bond Centre is to pay the bond of $2,960.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $0.00 [The tenant/s]: $2,960.00

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 10 August 2025. The tenancy commenced on 10 August 2024. Background
The property is a steep site, with stair access to the house. The tenants included parents and their daughter. One of the parents has suffered a brain injury and the other has dementia and the daughter provides care for them.
The tenants explained that they urgently needed to find a rental property, so agreed to take the property on the basis that they would be able to make it work.
One of the tenants required ACC related alterations to the property. The tenants advised that when they moved into the property, they knew it would require some additions to ensure it was safe. The landlord advises that they did not know that ACC would be undertaking any assessments to the property nor that any alterations would be required.
When the tenants signed the tenancy agreement at the commencement of the tenancy, the tenants were provided with, and signed, a Fixed Term Tenancy Acknowledgment form. It advised the tenants that there were additional conditions associated with a fixed term tenancy, and that there would be break lease implications if the fixed term tenancy lease was broken, including costs associated with securing replacement tenants.
After the tenants moved in, ACC reviewed the property and determined that handrails would be required in several locations. Discussion ensued between the parties and ultimately although the landlord approved some of the requested additions, the landlord did not approve all, including a handrail on the front steps of the property leading up to the house.
The landlord advises that this was on the basis that it would require concrete footings and would not easily be able to be removed at the end of the tenancy.
As a result of not having these additions made, the tenants felt they were unable to live safely or comfortably at the property, and quickly endeavoured to find another property that would be safe. Effectively, they say that because of not being able to make the additions, one of the tenants was unable to leave the house at all.
On 26 November 2024 the tenants advised the landlord of their intention to move out of the property on 3 December 2024. The landlord provided the tenants with a break lease acknowledge form to initiate the process. The form included liability for break lease costs however the tenants advised that they did not sign the form due to the possible costs indicated in the form that they would be liable for and that tenancy services had advised them not to sign the form. As a result, the landlord did not commence any formal procedures to end the lease.
The tenants signed a new tenancy and moved out of the tenancy address on 3 December 2024.
The landlord has not found a new tenant for the property on the basis that the tenants are still in a fixed term tenancy and rent has continued to accrue.
The tenant submitted that they were in a difficult position and had to do the right thing for their family and that they expected more compassion. The landlord submits they did everything they could to resolve the issue for the tenant, including trying to assist with alternative properties. The law
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and a. there would be severe hardship to the applicant if the term is not reduced; and b. 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. Although it was not unforeseen that the property likely needed ACC alterations for safety, it was unforeseen that they would be unable to get permission to do all the ACC alterations.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant is now paying rent at a new property. The tenant would suffer hardship if they were required to pay two sets of rent until the end of August 2025.
The landlord would also suffer hardship if the term was reduced. The tenants left the property just before Christmas holiday period when it is difficult to re- tenant the property. Rent has not been paid at the property since mid- December 2024 and the landlord has accordingly not been receiving any income to cover the mortgage.
I find however that the tenant’s hardship would be greater than the landlord’s hardship. The landlord can re-tenant the property and receive income.
In a periodic tenancy the standard notice period for terminating a tenancy required by a tenant is 28 days. Accordingly, I find that it would be fair and reasonable for the tenancy to end 28 days after the tenants gave notice on 26 November 2024, meaning that the tenancy is to end on 24 December 2024.
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.
The landlord has suffered a loss in the reduction of the fixed term tenancy and the inability to re-tenant the property due to the extant fixed term tenancy.
I award compensation to the landlord equivalent to a further one week of rent and amounting to of $750.00 to the landlord, considering the difficult Christmas period and expected associated costs (for example, advertising) for re-tenanting (additional losses).
There is currently a bond of $2,960.00. The rental summary provided shows that the tenants have paid rent until 13 December 2024. I have calculated that the rent owed until the end of the tenancy (24 December 2024) is $1,152.84 (outstanding rent).
The total amount to be paid from the bond to the landlord is therefore $1,892.84 ($1,152.84 outstanding rent plus $740 additional losses).
The remaining amount of bond held should be refunded to the tenants. Suppression and filing fee
As both parties have had some success, I have not awarded the filing fee to either party.
The tenant has applied for suppression in the application. As both parties have had some level of success, and any decision benefit to the public can be achieved without publishing names, I have determined that it is appropriate to grant suppression to both parties. R Harvey-Lane 24 January 2025

Tenancy Tribunal case 5086688 — Rent arrears

At a glance

Tenancy Tribunal case 5086688 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions