How much money was awarded in case 5484889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5484889?

The dispute type was not classified.

Where can I read the official tribunal order for case 5484889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547635-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5484889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5484889?

The dispute type was not classified.

Where can I read the official tribunal order for case 5484889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13547635-Tribunal_Order_Redacted.pdf.

Unit/Flat Apartment 501, 47 Vivian Street, Te Aro, Tenancy Tribunal Case 5484889 — Tenancy dispute

Q: What was Tenancy Tribunal case 5484889 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat Apartment 501, 47 Vivian Street, Te Aro, Wellington 6011 is reduced and now ends at 5pm 5pm 22 May 2026.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 25 February 2027. 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.
There has been an unforeseen change in the tenant's circumstances. a. The tenant suffers from post-traumatic stress disorder, due to a previous incident when they were assaulted during the hours of darkness. b. On 17 March 2026, an intruder broke into the courtyard of the apartment complex which the tenancy is located. The intruder set off the building fire alarm system, and then made attempts to enter into apartments which were vacated by tenants in response to the fire alarm. c. Following this the tenant has suffered from a relapse of symptoms including hypervigilance, an acute startle response, and sleep disruption. The tenant has described being unable to sleep in the tenancy. Subsequently he has been either sleeping in his car, or couch surfing. He says he is not slipped on the flat since the break in. d. The tenant has asked the landlord to break the lease, but the landlord has declined to do so leading to this application.
The tenant has provided letters from his psychologist describing his symptoms and supporting his application.
The landlord pointed out that the break-in only affected apartments on the first floor, whereas the tenancy address is on the fifth floor. The landlord questioned whether the tenant’s concerns were genuine, alleging that there was footage showing that the tenant had re-entered the tenancy and did not own a car. The tenant respondent that he did go to the tenancy when he used the gym across the road, to shower, and to access his possessions. He says that he does own a car. The landlord says that the loss of rent and the difficulties in re-letting the tenancy outweigh the tenant’s hardship.
I find that the tenant’s hardship would be greater than the landlord’s hardship. The psychologist letters show that while the PTSD was a pre-existing condition, the exacerbation of symptoms has occurred since the break-in. While I acknowledge the difficulties the landlord will face, the tenant’s hardship, particularly that he is now resorted to a very unstable mode of housing, tip the balance. I conclude it is reasonable that the tenancy end on 22 May 2026, this will enable the landlord to begin with the process of reletting the tenancy, and will allow the tenant time to remove his positions from the tenancy.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.

The term of the fixed-term tenancy of [The tenant/s] at Unit/Flat Apartment 501, 47 Vivian Street, Te Aro, Wellington 6011 is reduced and now ends at 5pm 5pm 22 May 2026.

Reasons

Both parties attended the hearing.

The tenant has applied for reduction of the fixed-term tenancy due to end on 25 February 2027. 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.

There has been an unforeseen change in the tenant's circumstances. a. The tenant suffers from post-traumatic stress disorder, due to a previous incident when they were assaulted during the hours of darkness. b. On 17 March 2026, an intruder broke into the courtyard of the apartment complex which the tenancy is located. The intruder set off the building fire alarm system, and then made attempts to enter into apartments which were vacated by tenants in response to the fire alarm. c. Following this the tenant has suffered from a relapse of symptoms including hypervigilance, an acute startle response, and sleep disruption. The tenant has described being unable to sleep in the tenancy. Subsequently he has been either sleeping in his car, or couch surfing. He says he is not slipped on the flat since the break in. d. The tenant has asked the landlord to break the lease, but the landlord has declined to do so leading to this application.

The tenant has provided letters from his psychologist describing his symptoms and supporting his application.

The landlord pointed out that the break-in only affected apartments on the first floor, whereas the tenancy address is on the fifth floor. The landlord questioned whether the tenant’s concerns were genuine, alleging that there was footage showing that the tenant had re-entered the tenancy and did not own a car. The tenant respondent that he did go to the tenancy when he used the gym across the road, to shower, and to access his possessions. He says that he does own a car. The landlord says that the loss of rent and the difficulties in re-letting the tenancy outweigh the tenant’s hardship.

I find that the tenant’s hardship would be greater than the landlord’s hardship. The psychologist letters show that while the PTSD was a pre-existing condition, the exacerbation of symptoms has occurred since the break-in. While I acknowledge the difficulties the landlord will face, the tenant’s hardship, particularly that he is now resorted to a very unstable mode of housing, tip the balance. I conclude it is reasonable that the tenancy end on 22 May 2026, this will enable the landlord to begin with the process of reletting the tenancy, and will allow the tenant time to remove his positions from the tenancy.

Tenancy Tribunal case 5484889 — Tenancy dispute at Unit/Flat Apartment 501, 47 Vivian Street, Te Aro,

At a glance

Claims & awards

Tenancy Tribunal case 5484889 — Tenancy dispute at Unit/Flat Apartment 501, 47 Vivian Street, Te Aro,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions