What was Tenancy Tribunal case 5302726 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 5302726?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302726?

The primary dispute was 14-day notice. Related themes: State of repair.

Where can I read the official tribunal order for case 5302726?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12281859-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5302726 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 5302726?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302726?

The primary dispute was 14-day notice. Related themes: State of repair.

Where can I read the official tribunal order for case 5302726?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12281859-Tribunal_Order_Redacted.pdf.

5 Braemar Terrace, Johnsonville, Wellington 6037 Tenancy Tribunal Case 5302726 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end in June 2026, for compensation because repairs were not carried out promptly, and compensation because of the number of issues at the house since the tenancy started two months ago.

Should the fixed term tenancy be reduced?

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 (RTA), which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • 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.
The tenant submitted that he expected the back garden at the tenancy premises would be cleared and they would be able to install a vegetable garden. The possibility of having a vegetable garden was appealing and his submission is this was discussed with a property manager at the viewing. Two months later the back garden is unchanged. Some maintenance and clearing has been done, but it will be impossible to establish a vegetable garden with the section as it is. The tenant said the slope is steep but levels off at the top and there is room for a garden. He said that not having a vegetable garden has been a change in circumstances that was unforeseen when they moved in, and his flatmates will move out.
The property manager at the hearing agreed the back of the garden looks the same now as it did at the viewing. Her instructions from the property manager who was at the viewing are that no vegetable garden was discussed. Garden maintenance and tree trimming has been carried out. It was never intended that the steep area up the back of the garden would be accessible or usable.
This is the tenant’s claim to prove. I have contradictory evidence from the brother and the property manager at the viewing, and neither were at the hearing to give direct evidence. I find the tenant has not proved the vegetable garden was discussed, which means there has been no unforeseen change in circumstances. The claim for the reduction of the fixed term is dismissed. Should the tenant get compensation because of the maintenance and repairs over the last two months?
The tenant claims that the landlord has breached its obligations under section 45 of the RTA, which requires the landlord to provide and maintain the premises in a reasonable state of repair. The tenancy started on 20 June 2025. The tenant notified the landlord about a long list of repairs and draught stopping and followed up with a 14 day notice on 8 July 2025. He wants compensation because of the time it has taken to repair and because they still cannot use the dishwasher. The landlord replied that all the repairs were carried out within a reasonable time.
I have considered the supporting evidence, which includes the request for work, the notice, the work orders and the invoices. It seems most likely to me the landlord has carried out the repairs within a reasonable time frame. The dishwasher can be used. I note that the type of repairs and the draught stopping carried out are not unusual at the start of a tenancy. The RTA does not require landlords to provide a house free from maintenance or repairs. The tenant has not proved the claim and no order is made for compensation. Suppression
The tenant made an application for suppression and I will use my discretion to allow this, even though the tenant was not the most successful party. There has been no breach of the RTA and the application was reasonable. I have also allowed suppression for the landlord. See section 95A RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end in June 2026, for compensation because repairs were not carried out promptly, and compensation because of the number of issues at the house since the tenancy started two months ago.

Should the fixed term tenancy be reduced?

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 (RTA), which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • 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.
The tenant submitted that he expected the back garden at the tenancy premises would be cleared and they would be able to install a vegetable garden. The possibility of having a vegetable garden was appealing and his submission is this was discussed with a property manager at the viewing. Two months later the back garden is unchanged. Some maintenance and clearing has been done, but it will be impossible to establish a vegetable garden with the section as it is. The tenant said the slope is steep but levels off at the top and there is room for a garden. He said that not having a vegetable garden has been a change in circumstances that was unforeseen when they moved in, and his flatmates will move out.
The property manager at the hearing agreed the back of the garden looks the same now as it did at the viewing. Her instructions from the property manager who was at the viewing are that no vegetable garden was discussed. Garden maintenance and tree trimming has been carried out. It was never intended that the steep area up the back of the garden would be accessible or usable.
This is the tenant’s claim to prove. I have contradictory evidence from the brother and the property manager at the viewing, and neither were at the hearing to give direct evidence. I find the tenant has not proved the vegetable garden was discussed, which means there has been no unforeseen change in circumstances. The claim for the reduction of the fixed term is dismissed. Should the tenant get compensation because of the maintenance and repairs over the last two months?
The tenant claims that the landlord has breached its obligations under section 45 of the RTA, which requires the landlord to provide and maintain the premises in a reasonable state of repair. The tenancy started on 20 June 2025. The tenant notified the landlord about a long list of repairs and draught stopping and followed up with a 14 day notice on 8 July 2025. He wants compensation because of the time it has taken to repair and because they still cannot use the dishwasher. The landlord replied that all the repairs were carried out within a reasonable time.
I have considered the supporting evidence, which includes the request for work, the notice, the work orders and the invoices. It seems most likely to me the landlord has carried out the repairs within a reasonable time frame. The dishwasher can be used. I note that the type of repairs and the draught stopping carried out are not unusual at the start of a tenancy. The RTA does not require landlords to provide a house free from maintenance or repairs. The tenant has not proved the claim and no order is made for compensation. Suppression
The tenant made an application for suppression and I will use my discretion to allow this, even though the tenant was not the most successful party. There has been no breach of the RTA and the application was reasonable. I have also allowed suppression for the landlord. See section 95A RTA.

Tenancy Tribunal case 5302726 — 14-day notice at 5 Braemar Terrace, Johnsonville, Wellington 6037

At a glance

Tenancy Tribunal case 5302726 — 14-day notice at 5 Braemar Terrace, Johnsonville, Wellington 6037

At a glance

Claims & awards

Order

Reasons

Should the fixed term tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the fixed term tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions