How much money was awarded in case 5121849?

Rent Arrears: $3,000.00 awarded to landlord; Utilities: $143.95 awarded to landlord

What type of tenancy dispute was case 5121849?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343898-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5121849?

Rent Arrears: $3,000.00 awarded to landlord; Utilities: $143.95 awarded to landlord

What type of tenancy dispute was case 5121849?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5121849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343898-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5121849 — Rent arrears

Q: What was Tenancy Tribunal case 5121849 about?

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

Order

Claims and awards in Tenancy Tribunal application 5121849 — net $143.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Utilities	$143.95	Utilities
Net award	$143.95
Total payable by Tenant to Landlord	$143.95

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’/Landlords’ names and identifying details.

[The tenant/s] must pay [The landlord/s] $143.95 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends on 19 January 2025.

Reasons

Both parties attended the hearing.

The tenancy commenced on 5 August 2024 and was a fixed term tenancy to end on 3 August 2025.

The tenants have applied for reduction of the fixed-term tenancy. The landlords have applied for rent arrears. The application for termination of the tenancy was withdrawn by the landlords.

The tenants gave the landlords notice to end the tenancy. The notice was dated 26 November 2024, with the tenancy to end on 23 December 2024.

The notice was not accepted by the landlord. The landlords have subsequently found replacement tenants and that new tenancy commenced on 20 January 2025.

The Tribunal is essentially being asked by the tenants to end the fixed term on 23 December 2024.

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.

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.

There has been an unforeseen change in the tenant's circumstances. The tenant was an employed painter. The tenant lost his job and the use of his vehicle. This reduced the tenants to one income. They were not able to meet their ongoing rent obligations as a result.

I consider that there is severe hardship to the tenants if the Tribunal were to order the tenancy to carry on.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenants to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

The landlord has found replacement tenants. The landlord has suffered a resulting loss of rent and has outstanding utility bills for utilities for the remaining term of this tenancy. Those are clearly losses incurred by the landlord.

I award compensation to the landlord of $3,143.95, being $3,000 for rent to 19 January 2025 and $143.95 for utilities.

Both parties have applied for name suppression. Both parties have been substantially successful in their respective applications. In those circumstances, I order suppression of the names and details of both parties.

Claims and awards in Tenancy Tribunal application 5121849 — net $143.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,000.00	Rent arrears
Utilities	$143.95	Utilities
Net award	$143.95
Total payable by Tenant to Landlord	$143.95

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’/Landlords’ names and identifying details.
[The tenant/s] must pay [The landlord/s] $143.95 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends on 19 January 2025.

Reasons

Both parties attended the hearing.
The tenancy commenced on 5 August 2024 and was a fixed term tenancy to end on 3 August 2025.
The tenants have applied for reduction of the fixed-term tenancy. The landlords have applied for rent arrears. The application for termination of the tenancy was withdrawn by the landlords.
The tenants gave the landlords notice to end the tenancy. The notice was dated 26 November 2024, with the tenancy to end on 23 December 2024.
The notice was not accepted by the landlord. The landlords have subsequently found replacement tenants and that new tenancy commenced on 20 January 2025.
The Tribunal is essentially being asked by the tenants to end the fixed term on 23 December 2024.
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.
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.
There has been an unforeseen change in the tenant's circumstances. The tenant was an employed painter. The tenant lost his job and the use of his vehicle. This reduced the tenants to one income. They were not able to meet their ongoing rent obligations as a result.
I consider that there is severe hardship to the tenants if the Tribunal were to order the tenancy to carry on.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenants to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
The landlord has found replacement tenants. The landlord has suffered a resulting loss of rent and has outstanding utility bills for utilities for the remaining term of this tenancy. Those are clearly losses incurred by the landlord.
I award compensation to the landlord of $3,143.95, being $3,000 for rent to 19 January 2025 and $143.95 for utilities.
Both parties have applied for name suppression. Both parties have been substantially successful in their respective applications. In those circumstances, I order suppression of the names and details of both parties.

Tenancy Tribunal case 5121849 — Rent arrears

At a glance

Tenancy Tribunal case 5121849 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions