What was Tenancy Tribunal case 5145550 about?

The tribunal order states: The application for the reduction of a fixed term is dismissed.

How much money was awarded in case 5145550?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145550?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5145550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11443625-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5145550 about?

The tribunal order states: The application for the reduction of a fixed term is dismissed.

How much money was awarded in case 5145550?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145550?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5145550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11443625-Tribunal_Order_Redacted.pdf.

4 Gardiners Road, Bishopdale, Christchurch 8051 Tenancy Tribunal Case 5145550 — Healthy homes

Order

The application for the reduction of a fixed term is dismissed.
Rentworks Property Management 2018 Limited - As Agent For Max Wanson must pay [The tenant/s] $0.00 immediately.

Reasons

Both parties attended the hearing by telephone. Ms Anmol appeared on behalf of the other tenant, Mr Singh who was unavailable. Ms Switalla and Mr Hawker attended as the property manager and business owner respectively.
The tenancy began on 24 March 2023 for a fixed term until 24 March 2024. On 13 February 2024, the tenancy was renewed for another fixed term to end on 23 March 2025.
The tenant has applied for reduction of the fixed-term tenancy due to end on 23 March 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 said that they had to relocate to Ashburton because of her partners job and had to rent another property and that she has had trouble finding regular work. They were paying rent for two premises up until the 23 January 2025, and it is a financial strain.
The tenant contacted the landlord on the 22 November 2024 asking to end the fixed term tenancy. The landlord replied with an email containing lease break application conditions. These included to make a request in writing, pay all reasonable charges of the landlord and to continue to pay rent until a final rent day is agreed upon in writing. It also gave a list of relevant charges that may be charged and an estimate of costs.
The tenant replied on 18 December 2024 confirming that they would like to go ahead with the lease break.
The tenant moved out of the premises on 27 December 2024.
The tenant advertised the premises as did the landlord. The process was delayed due to the Christmas break closure of the landlord’s office, and the tenant was made aware of this.
A new tenancy is to start on 28 March 2025.
The tenant asked for the landlord to use the bond to pay rent owed and believed that because a new rental agreement has been signed that they do not have to continue to pay the rent.
The landlords oppose the reduction of the fixed term saying that it was the tenant’s choice to move out early and they are liable for the rent to the end of the fixed term. The tenants were given all the information of the procedure and costs and chose to go ahead with the lease break.
A fixed term tenancy cannot be ended by giving notice and a tenant is liable for payment of the rent until the end of the term or until a new tenancy begins.
I find that the moving to another city for work is not an unforeseen change in circumstances, it was a choice. There was no evidence provided supporting that this was unforeseen.
This claim is dismissed.
[The tenant/s] claims the landlord has not ensured the tenancy agreement included a statement, made and signed by the landlord, whether or not there was any insulation and the details of it, and did not include a statement that on and after the commencement of the tenancy the landlord will comply with the healthy homes standards as required by section 45 or as the case may be.
A landlord must ensure the tenancy agreement includes these statements. See section 13(1A),(1CA) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F) and Schedule 1A Residential Tenancies Act 1986.
The landlord agreed that they did not provide these statements. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord said that this was an oversite and would have produced the information upon request. The document attached to the tenancy agreement and renewal had written over the healthy homes standards level of compliance that “will be provided shortly”. The landlord failed to follow this up. This is important information for tenants to have and find it in these circumstances to make an award of $250.00.
The tenant was successful, so the filling fee is reimbursed, and name suppression granted as requested on the application.

Order

The application for the reduction of a fixed term is dismissed.
Rentworks Property Management 2018 Limited - As Agent For Max Wanson must pay [The tenant/s] $0.00 immediately.

Reasons

Both parties attended the hearing by telephone. Ms Anmol appeared on behalf of the other tenant, Mr Singh who was unavailable. Ms Switalla and Mr Hawker attended as the property manager and business owner respectively.
The tenancy began on 24 March 2023 for a fixed term until 24 March 2024. On 13 February 2024, the tenancy was renewed for another fixed term to end on 23 March 2025.
The tenant has applied for reduction of the fixed-term tenancy due to end on 23 March 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 said that they had to relocate to Ashburton because of her partners job and had to rent another property and that she has had trouble finding regular work. They were paying rent for two premises up until the 23 January 2025, and it is a financial strain.
The tenant contacted the landlord on the 22 November 2024 asking to end the fixed term tenancy. The landlord replied with an email containing lease break application conditions. These included to make a request in writing, pay all reasonable charges of the landlord and to continue to pay rent until a final rent day is agreed upon in writing. It also gave a list of relevant charges that may be charged and an estimate of costs.
The tenant replied on 18 December 2024 confirming that they would like to go ahead with the lease break.
The tenant moved out of the premises on 27 December 2024.
The tenant advertised the premises as did the landlord. The process was delayed due to the Christmas break closure of the landlord’s office, and the tenant was made aware of this.
A new tenancy is to start on 28 March 2025.
The tenant asked for the landlord to use the bond to pay rent owed and believed that because a new rental agreement has been signed that they do not have to continue to pay the rent.
The landlords oppose the reduction of the fixed term saying that it was the tenant’s choice to move out early and they are liable for the rent to the end of the fixed term. The tenants were given all the information of the procedure and costs and chose to go ahead with the lease break.
A fixed term tenancy cannot be ended by giving notice and a tenant is liable for payment of the rent until the end of the term or until a new tenancy begins.
I find that the moving to another city for work is not an unforeseen change in circumstances, it was a choice. There was no evidence provided supporting that this was unforeseen.
This claim is dismissed.
[The tenant/s] claims the landlord has not ensured the tenancy agreement included a statement, made and signed by the landlord, whether or not there was any insulation and the details of it, and did not include a statement that on and after the commencement of the tenancy the landlord will comply with the healthy homes standards as required by section 45 or as the case may be.
A landlord must ensure the tenancy agreement includes these statements. See section 13(1A),(1CA) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act, for which the Tribunal may award exemplary damages up to a maximum of $750.00. See section 13(1F) and Schedule 1A Residential Tenancies Act 1986.
The landlord agreed that they did not provide these statements. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The landlord said that this was an oversite and would have produced the information upon request. The document attached to the tenancy agreement and renewal had written over the healthy homes standards level of compliance that “will be provided shortly”. The landlord failed to follow this up. This is important information for tenants to have and find it in these circumstances to make an award of $250.00.
The tenant was successful, so the filling fee is reimbursed, and name suppression granted as requested on the application.

Tenancy Tribunal case 5145550 — Healthy homes at 4 Gardiners Road, Bishopdale, Christchurch 8051

At a glance

Tenancy Tribunal case 5145550 — Healthy homes at 4 Gardiners Road, Bishopdale, Christchurch 8051

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