How much money was awarded in case 5195152?

Compensation: $4,000.00 awarded to landlord; Rent Arrears: $305.00 awarded to landlord

What type of tenancy dispute was case 5195152?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5195152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11680457-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5195152?

Compensation: $4,000.00 awarded to landlord; Rent Arrears: $305.00 awarded to landlord

What type of tenancy dispute was case 5195152?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5195152?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11680457-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5195152 — Rent arrears

Q: What was Tenancy Tribunal case 5195152 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5195152 — net $305.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03 April 2025	$305.00	Rent arrears to 03 April 2025
Compensation for ending fixed term	$4,000.00	Compensation for ending fixed term
Net award	$305.00
Total payable by Tenant to Landlord	$305.00

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 Thursday 03 April 2025.

The Bond Centre is to pay the bond of $4,000.00 to [The landlord/s] immediately.

[The tenant/s] must pay [The landlord/s] $305.00 immediately as set out in the table below:

Reasons

The tenants appeared. [The landlord’s representative/s] appeared for the landlord. [A translator] assisted the Tribunal.

The tenancy commenced on 16 August 2024 and is for a fixed term ending on 16 August 2026. The property was built in the 1970s is set over two story’s and consists of four bedrooms, three bathrooms, kitchen, second kitchen / kitchenette, two dining room / living areas, and internal garage. The tenancy agreement allows for a maximum of six occupants. It appears that the named tenants lived at the property with other family members. [The tenant/s] are a married couple.

The pre tenancy inspection was conducted by [The landlord’s representative/s] on 14 August 2024. A copy of the report, which includes photographs, has been produced. The photographs suggest that the property has signs of fair wear and tear commensurate with its age but is otherwise in reasonable condition, and clean and tidy.

On or about 11 February 2025, the tenant informed the landlord of their intention to end the tenancy. [The tenants’ son] relayed the advice. [The tenants’ son]’s use of English appears to be more advanced than that of his family. It has been suggested that he often acts as a spokesperson in matters relating to the tenancy. The tenant states that [The tenants’ son] is unable to attend the hearing.

The correspondence between [The tenants’ son] and the landlord suggests that the grounds for ending the tenancy are due to the deteriorating health of [Tenant 1], which they claim is exacerbated by the poor condition of the property. The tenant also referred to rent unaffordability based on their current income. A letter has been produced from [Tenant 1]’s doctor dated 12 February 2025. It states that she suffers type 2 diabetes, allergies, and low mood. Based on self-reporting by their patient, that they believe the condition of the property may be a factor in [Tenant 1]’s deteriorating physical and mental health, and that the tenant find alternate accommodation.

A copy of the letter was provided to the landlord. [Tenant 1] has shown the Tribunal parts of her lower legs which appear badly affected by a rash.

The tenant gave 28 days’ notice to vacate the property on 28 March 2025. The landlord pointed out that the tenant could not give notice to end a fixed term. The landlord referred the tenant to provisions for breaking a fixed term which included liability for rent to the entering of a new tenancy, and a break lease fee.

Subsequently, an email exchange took place between [The tenants’ son] and the landlord, with the tenants copied in. [The landlord’s representative/s] stated that she believed [The tenants’ son] had agreed on behalf of the tenants, to the terms, including liability for the rent and a break lease fee. However, an email from [Tenant 2] to the landlord on 09 March 2025, suggests that no agreement had, in fact, been reached. [Tenant 2] citing that they had no money. The matter remains unresolved.

On 12 March 2025, the tenant applied for a reduction of the fixed term. On 25 March 2025, the landlord filed a counterclaim seeking an order that the tenant adhere to the terms of a break lease agreement, remain liable for rent until a new tenancy agreement is entered, and cover reasonable costs of re letting the property.

The tenant has produced photographs showing the interior and exterior of the property which they claim demonstrate that it is in a poor condition. They state that during inspections they regularly raised issues with the property concerning moisture and dampness, dust from the carpets, damage to kitchen cabinetry, and infestation of cockroaches and rats, which were not addressed.

Included with the photographs are two showing what appears to be damage to walls in the downstairs bathroom, which also serves as the laundry. On the face of it the damage appears to be consistent with water exposure.

[The landlord’s representative/s] stated that she had conducted three tenancy inspections since the commencement of the tenancy. On each occasion, [The tenants’ son] was present, and on two occasions [Tenant 1] was also present. [The landlord’s representative/s] denied that any of the issues cited by the tenant in support of their application to reduce the fixed term had been raised previously.

Upon viewing the photographs for the first time during the hearing, [The landlord’s representative/s] stated that she had not noted the damage to the walls in the downstairs bathroom during inspections or after the tenant had vacated. She further stated that the damage appeared to be fair wear and tear. [The landlord’s representative/s] stated that there had only been the one plumber callout during the tenancy, and that was to repair a downpipe. She also suggested that any dust allergies experienced were likely due to the tenant failing to keep the carpets reasonably clean.

[The landlord’s representative/s] believed that [The tenants’ son] was acting as the tenants’ agent and had on their behalf accepted the terms of the break lease, emphasising that the tenants had been copied into all the correspondence.

[The landlord’s representative/s] stated that viewings had been conducted with prospective tenants but that a replacement tenant had yet to be found. [The landlord’s representative/s] stated the landlord has a mortgage over the property and that the ongoing situation is causing stress and anxiety. Discussions have been had about lowering the weekly rent, which is currently set at $1,000.00. Law

A fixed term tenancy may not be terminated by either party simply giving notice. The parties may agree to end a fixed term on reasonable terms, which often include liability for rent until a new tenancy is entered, as well as a break lease fee covering advertising and other reasonable costs associated with re-letting the property. If the parties cannot reach an agreement to end the tenancy, they remain bound by the terms of the original agreement.

A tenant to a fixed term agreement who breaches the agreement and leaves the property will remain liable for rent until a new tenancy is entered or the end of the tenancy. Unless the tenant has abandoned the property there will be an obligation on the landlord to mitigate their loss.

The usual legal position with a fixed-term tenancy is that the term will be strictly enforced, and it is only in limited circumstances that a court or tribunal will interfere.

For residential tenancies, one of those circumstances is provided in section 66(1) of the Act, which allows for the reduction of fixed term tenancy agreements.

Before the Tribunal reduces a fixed term, the applicant will need to establish on the balance of probabilities, that is, more likely than not : a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.

The weighing of relative hardship is a question of fact to be assessed objectively in each case. Decision

I do not consider that the landlord has breached their obligation to provide and maintain the property in a reasonable condition. See section 45(1)(b) of the Act. There are no text messages, emails, or other correspondence between the parties concerning the defects raised by the tenant concerning moisture, damage, the carpet, or infestation.

The pre tenancy photographs, along with those produced by the tenant, (with the exception of the two in the downstairs bathroom), show the property exhibiting signs of fair wear and tear relative to its age but otherwise in an unremarkable condition.

My objective assessment of the downstairs bathroom is that the damage to the walls is likely due to water exposure and has occurred after the commencement of the tenancy. Based on the photographs, it is not possible to determine whether, if given the opportunity, the issue could be easily remedied.

The medical evidence is that [Tenant 1] suffers from several medical conditions that are exacerbated by exposure to moisture, which trigger recurrent respiratory infections.

In this case, I am by a narrow margin, satisfied that there has been an unforeseen change in the tenant's personal circumstances, which has been unforeseen.

The severe hardship the tenant would face if the term of the tenancy were not reduced relates to [Tenant 1]’s physical health and mental wellbeing. In contrast, the landlord’s hardship is primarily financial.

In the circumstances, I find that the tenant’s hardship would be greater than the landlord’s hardship.

Under section 66(2) of the Act, where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss.

The tenant vacated the property on 28 March 2024, and appears they have secured other accommodation. The landlord states that WINZ have continued to make payments on behalf of the tenant, and the arrears to 03 April 2025 amount to $305.00.

Considering the size and nature of the property, the rent, and reasonable time required to secure a replacement tenant, I award the landlord compensation of $4,000.00.

Dealing with the landlord’s application, I am not satisfied that a mutual agreement was reached to end the tenancy. On that basis, the landlord’s application is declined. However, I consider the landlord appropriately compensated by the award made in reducing the fixed term. Costs

There are no orders for reimbursement of the filing fee. Name suppression.

Both parties seek name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

Assessed globally, I am of the opinion that both parties have been sufficiently successful in these proceedings. Accordingly, both are granted name suppression.

Order

Claims and awards in Tenancy Tribunal application 5195152 — net $305.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03 April 2025	$305.00	Rent arrears to 03 April 2025
Compensation for ending fixed term	$4,000.00	Compensation for ending fixed term
Net award	$305.00
Total payable by Tenant to Landlord	$305.00