What was Tenancy Tribunal case 5101568 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 5101568?

at [Tenancy address suppressed] is r…: $100.00 awarded to tenant

What type of tenancy dispute was case 5101568?

The dispute type was not classified.

Where can I read the official tribunal order for case 5101568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11309266-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5101568 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 5101568?

at [Tenancy address suppressed] is r…: $100.00 awarded to tenant

What type of tenancy dispute was case 5101568?

The dispute type was not classified.

Where can I read the official tribunal order for case 5101568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11309266-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5101568 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5101568 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The landlord] is to pay [The	$100.00	at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The landlord] is to pay [The
Net award	$100.00
Total payable by Landlord to Tenant	$100.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’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 landlord] is to pay [The tenant/s] $100.00 immediately.
The Bond Centre is to pay the bond of $470.00 (BN-00006328) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 30 June 2025. Background
On 4 December 2024 the tenant signed a fixed term tenancy agreement for the tenancy address. The tenancy was to commence on 24 December 2024.
The tenant paid the landlord $1,410.00 to secure the tenancy. This amount included $470.00 for bond and two weeks rent in advance.
Prior to the tenancy commencing, the tenant advised that the landlord was contacting her through Facebook and/or WhatsApp. Copies of these messages have been provided. In summary, these messages included requests for further rent payments in advance (for example, a request for a further four weeks rent to be paid by 19 December 2024), details being sought for electricity providers, clarifications on whiteware required, and requests for contact details for friends to provide the keys for the property. There was also a request that further weekly payment amounts be made if the tenant wanted to deal with a property manager instead.
The tenant advised that due to these messages she began to feel harassed and no longer felt safe or comfortable taking the tenancy, she was not expecting the additional requests for payments and although she had no issue paying the weekly rent, she was unable to pay any further upfront requests for payments. The tenant said that she also filed a police complaint in respect of the landlord’s alleged behaviour. The landlord disputes that he has made the tenant feel unsafe.
On around 8 December 2024 the tenant advised the landlord that she no longer wanted to move into the property and that she wanted to cancel the agreement. Messages show her advising the landlord of this. Further communications ensued between the parties where the landlord appeared to be trying to have the tenancy continue, and there are some threats made by the landlord with respect to tarnishing the reputation of the tenant. The tenant never received the keys and never saw or moved into the property.
The landlord advises that a fixed term tenancy was agreed to and so he acted accordingly so he wouldn’t breach his landlord obligations.
After accepting that the tenant would not be moving into the property, on 4 January 2025 the landlord had a new tenant move into the property. The landlord claims for the full amount of $1,410.00 paid by the tenant, less a refund he has already paid to the tenant of $101.43.
This amount is made up of two weeks rent in advance, advertising costs for a new tenant, and the bond for the inconvenience of having to find another tenant. The landlord would also like to claim for the cost of a new washing machine he says was solely purchased for the tenant; however, no invoice or evidence has been provided for this and I as a result I have not considered it further. The law
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.
I am satisfied that there has been an unforeseen change in the tenant's circumstances. The tenant did not expect to be requested to pay an additional four weeks in advance, or to begin to feel unsafe and unable to move into the property.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant is paying rent at another property and would suffer severe hardship if required to pay rent at two properties.
The landlord did suffer hardship when trying to find another tenant at short notice over the Christmas break, however, he was able to find another tenant who has moved into the property and is now receiving ongoing rent.
I therefore 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.
I award compensation of $738.00 to the landlord, considering the amount of rent lost between 24 December 2024 and 4 January 2025. This is the actual loss the landlord has suffered in the reduction of the fixed term tenancy.
I have not seen any evidence of the $100.00 advertising costs claimed and so this claim is dismissed.
I have also not seen any other evidence of additional losses suffered by the landlord and so the bond is to be refunded to the tenant. Suppression
Both parties have sought name suppression. As both parties have had some level of success and I am satisfied that any benefit to the public from the decision can be attained without names being published, I have suppressed both parties’ names. R Harvey-Lane 15 January 2025

Claims and awards in Tenancy Tribunal application 5101568 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The landlord] is to pay [The	$100.00	at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 24 December 2024. 3. [The landlord] is to pay [The
Net award	$100.00
Total payable by Landlord to Tenant	$100.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’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 landlord] is to pay [The tenant/s] $100.00 immediately.
The Bond Centre is to pay the bond of $470.00 (BN-00006328) to [The tenant/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 30 June 2025. Background
On 4 December 2024 the tenant signed a fixed term tenancy agreement for the tenancy address. The tenancy was to commence on 24 December 2024.
The tenant paid the landlord $1,410.00 to secure the tenancy. This amount included $470.00 for bond and two weeks rent in advance.
Prior to the tenancy commencing, the tenant advised that the landlord was contacting her through Facebook and/or WhatsApp. Copies of these messages have been provided. In summary, these messages included requests for further rent payments in advance (for example, a request for a further four weeks rent to be paid by 19 December 2024), details being sought for electricity providers, clarifications on whiteware required, and requests for contact details for friends to provide the keys for the property. There was also a request that further weekly payment amounts be made if the tenant wanted to deal with a property manager instead.
The tenant advised that due to these messages she began to feel harassed and no longer felt safe or comfortable taking the tenancy, she was not expecting the additional requests for payments and although she had no issue paying the weekly rent, she was unable to pay any further upfront requests for payments. The tenant said that she also filed a police complaint in respect of the landlord’s alleged behaviour. The landlord disputes that he has made the tenant feel unsafe.
On around 8 December 2024 the tenant advised the landlord that she no longer wanted to move into the property and that she wanted to cancel the agreement. Messages show her advising the landlord of this. Further communications ensued between the parties where the landlord appeared to be trying to have the tenancy continue, and there are some threats made by the landlord with respect to tarnishing the reputation of the tenant. The tenant never received the keys and never saw or moved into the property.
The landlord advises that a fixed term tenancy was agreed to and so he acted accordingly so he wouldn’t breach his landlord obligations.
After accepting that the tenant would not be moving into the property, on 4 January 2025 the landlord had a new tenant move into the property. The landlord claims for the full amount of $1,410.00 paid by the tenant, less a refund he has already paid to the tenant of $101.43.
This amount is made up of two weeks rent in advance, advertising costs for a new tenant, and the bond for the inconvenience of having to find another tenant. The landlord would also like to claim for the cost of a new washing machine he says was solely purchased for the tenant; however, no invoice or evidence has been provided for this and I as a result I have not considered it further. The law
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.
I am satisfied that there has been an unforeseen change in the tenant's circumstances. The tenant did not expect to be requested to pay an additional four weeks in advance, or to begin to feel unsafe and unable to move into the property.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant is paying rent at another property and would suffer severe hardship if required to pay rent at two properties.
The landlord did suffer hardship when trying to find another tenant at short notice over the Christmas break, however, he was able to find another tenant who has moved into the property and is now receiving ongoing rent.
I therefore 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.
I award compensation of $738.00 to the landlord, considering the amount of rent lost between 24 December 2024 and 4 January 2025. This is the actual loss the landlord has suffered in the reduction of the fixed term tenancy.
I have not seen any evidence of the $100.00 advertising costs claimed and so this claim is dismissed.
I have also not seen any other evidence of additional losses suffered by the landlord and so the bond is to be refunded to the tenant. Suppression
Both parties have sought name suppression. As both parties have had some level of success and I am satisfied that any benefit to the public from the decision can be attained without names being published, I have suppressed both parties’ names. R Harvey-Lane 15 January 2025

Tenancy Tribunal case 5101568 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5101568 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions