How much money was awarded in case 5282800?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5282800?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5282800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127351-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5282800?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5282800?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 5282800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127351-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5282800 — Healthy homes

Q: What was Tenancy Tribunal case 5282800 about?

The tribunal order states: The Tribunal orders suppression of the landlord’s name and identifying details.

Order

The Tribunal orders suppression of the landlord’s name and identifying details.

The tenants’ application for reduction of the fixed term tenancy is dismissed.

The term of the fixed-term tenancy of Barnjit Singh and Sahil Punia at [Tenancy address suppressed] is not reduced.

The landlord’s name is changed to reflect the legal entity involved.

The landlord is to rectify areas of non-compliance with Healthy Homes Standards by 7 August 2025.

Reasons

All parties attended the hearing by teleconference.

The tenants have applied for a reduction of the fixed-term tenancy due to end on 28 October 2026. The landlord agreed to end the tenancy in October 2025 but the tenants want to end the tenancy now.

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 tenants claim that there has been an unforeseen change in their circumstances. In the application the tenants state that they want to leave the property because of the train noise and the property not being healthy for a baby.

The train noise is not something that has happened since the tenancy began. The proximity of the premises to the train tracks has not changed. That cannot be an unforeseen change in their circumstances.

The tenants have provided a Report carried out on 1 July showing that the property is not complaint with Healthy Homes Standards regarding draughts and drainage. Clearly a premises now needs to comply with Healthy Homes Standards, however non-compliance is not sufficient reason for a reduction in a fixed term tenancy. Areas of non-compliance can be rectified, are being rectified and some have already been remedied.

In the hearing, the tenants mentioned that they wanted to change their living arrangement. A change about a living arrangement is a choice rather than a change of circumstances.

In summary, the tenants have not provided sufficient reason for the fixed term to be reduced. The landlord has agreed that the tenants can advertise the premises to find another tent to replace them, subject to the landlord’s approval. Healthy Homes compliance

After the tenant lodged their application for a reduction of a fixed term tenancy, they commissioned a Healthy Homes Standards Report. The Report shows two areas that need rectification, being drainage and draught stopping. An order is made that the landlord completes work necessary to comply with Healthy Homes Standards by 7 August 2025 to assist with the tenancy being able to be changed. Filing Fee

Because the tenants have not been successful with the claim the filing fee is not ordered to be paid by the landlord. Suppression of the tenants’ names

The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenants have not substantially succeeded with the claim and therefore name suppression is not granted to them. Suppression of the landlord’s name

The landlord has substantially succeeded defending the claim and therefore suppression is granted.

Order

The Tribunal orders suppression of the landlord’s name and identifying details.
The tenants’ application for reduction of the fixed term tenancy is dismissed.
The term of the fixed-term tenancy of Barnjit Singh and Sahil Punia at [Tenancy address suppressed] is not reduced.
The landlord’s name is changed to reflect the legal entity involved.
The landlord is to rectify areas of non-compliance with Healthy Homes Standards by 7 August 2025.

Reasons

All parties attended the hearing by teleconference.
The tenants have applied for a reduction of the fixed-term tenancy due to end on 28 October 2026. The landlord agreed to end the tenancy in October 2025 but the tenants want to end the tenancy now.
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 tenants claim that there has been an unforeseen change in their circumstances. In the application the tenants state that they want to leave the property because of the train noise and the property not being healthy for a baby.
The train noise is not something that has happened since the tenancy began. The proximity of the premises to the train tracks has not changed. That cannot be an unforeseen change in their circumstances.
The tenants have provided a Report carried out on 1 July showing that the property is not complaint with Healthy Homes Standards regarding draughts and drainage. Clearly a premises now needs to comply with Healthy Homes Standards, however non-compliance is not sufficient reason for a reduction in a fixed term tenancy. Areas of non-compliance can be rectified, are being rectified and some have already been remedied.
In the hearing, the tenants mentioned that they wanted to change their living arrangement. A change about a living arrangement is a choice rather than a change of circumstances.
In summary, the tenants have not provided sufficient reason for the fixed term to be reduced. The landlord has agreed that the tenants can advertise the premises to find another tent to replace them, subject to the landlord’s approval. Healthy Homes compliance
After the tenant lodged their application for a reduction of a fixed term tenancy, they commissioned a Healthy Homes Standards Report. The Report shows two areas that need rectification, being drainage and draught stopping. An order is made that the landlord completes work necessary to comply with Healthy Homes Standards by 7 August 2025 to assist with the tenancy being able to be changed. Filing Fee
Because the tenants have not been successful with the claim the filing fee is not ordered to be paid by the landlord. Suppression of the tenants’ names
The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenants have not substantially succeeded with the claim and therefore name suppression is not granted to them. Suppression of the landlord’s name
The landlord has substantially succeeded defending the claim and therefore suppression is granted.

Tenancy Tribunal case 5282800 — Healthy homes

At a glance

Tenancy Tribunal case 5282800 — Healthy homes

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