What was Tenancy Tribunal case 5345165 about?

The tribunal order states: The application by [The tenant/s] tenant/s] for a reduction in the term of the fixed

How much money was awarded in case 5345165?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5345165?

The dispute type was not classified.

Where can I read the official tribunal order for case 5345165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630943-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5345165 about?

The tribunal order states: The application by [The tenant/s] tenant/s] for a reduction in the term of the fixed

How much money was awarded in case 5345165?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5345165?

The dispute type was not classified.

Where can I read the official tribunal order for case 5345165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12630943-Tenancy_Tribunal_Order.pdf.

53 North Road, North East Valley, Dunedin 9010 Tenancy Tribunal Case 5345165 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord and four of the tenants attended the hearing, the former by telephone.

One tenant, D Cripps, has applied for reduction of the fixed-term tenancy due to end on 31/12/2025.

Due to personal circumstances D Cripps vacated the premises on 1/8/2025.

The other tenants do not want the tenancy to end and still live at the property.

Should the term of the 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, 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: 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.

In Bond v Tang Invercargill TT09/583IN the Tribunal discussed that section 66 was used to seek a balance between the competing interests of applicant tenants, for whom significant obligations under fixed-term agreements can create hardship when circumstances unexpectedly turn against them and landlords who have financial expectations arising from the same bargain.

The Tribunal has held that it cannot reduce the term of a fixed-term tenancy on the application of one of several co-tenants (Derbyshire v Mark & Maggies Property Company Ltd Wellington [2013] NZTT 1477WN).

Unfortunate as it may be for the tenant, one flatmate in a joint and several tenancy cannot unilaterally apply to sever the joint tenancy if the other flatmates do not agree to do so, as is the case here.

Rather the nub of the matter is a dispute between flatmates about finding a replacement flatmate.

The Tribunal has no jurisdiction to determine disputes between flatmates, that is a matter that can be pursued in the Disputes Tribunal.

The claim by the tenant fails.

No filing fee is awarded because the tenant was unsuccess in the proceedings.

For the same reason suppression is not available to the tenant.

Reasons

The landlord and four of the tenants attended the hearing, the former by telephone.

One tenant, D Cripps, has applied for reduction of the fixed-term tenancy due to end on 31/12/2025.

Due to personal circumstances D Cripps vacated the premises on 1/8/2025.

The other tenants do not want the tenancy to end and still live at the property.

Should the term of the tenancy be reduced?

Rather the nub of the matter is a dispute between flatmates about finding a replacement flatmate.

The Tribunal has no jurisdiction to determine disputes between flatmates, that is a matter that can be pursued in the Disputes Tribunal.

The claim by the tenant fails.

No filing fee is awarded because the tenant was unsuccess in the proceedings.

For the same reason suppression is not available to the tenant.

Tenancy Tribunal case 5345165 — Tenancy dispute at 53 North Road, North East Valley, Dunedin 9010

At a glance

Claims & awards

Tenancy Tribunal case 5345165 — Tenancy dispute at 53 North Road, North East Valley, Dunedin 9010

At a glance

Claims & awards

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.