What was the outcome of Tenancy Tribunal case 4687499?

The tribunal order states: The tenants’ application is dismissed.

How much money was awarded in case 4687499?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4687499?

The primary dispute was Leaks. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4687499?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623178-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4687499?

The tribunal order states: The tenants’ application is dismissed.

How much money was awarded in case 4687499?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4687499?

The primary dispute was Leaks. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4687499?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623178-Tenancy_Tribunal_Order.pdf.

11 Waltham Court, Cloverlea, Palmerston North 4412 Tenancy Tribunal Case 4687499 — Leaks

Reasons

Both parties attended the hearing.

The tenant applied for $12,500 compensation because they were asked to end a fixed-term tenancy early.

The tenancy agreement was for 12 months from 13 August 2022. It was between the tenants and the landlord, care of a property management company Absolute Rentals.

The tenant had no complaint about the property manager (Wade) or the company.

Within the first six months there was an issue with a leaking roof which the landlord attended to. Around this time they also asked the tenants if they were interested in buying the property. The tenants were not in a position to do so.

On 3 February the tenants contacted the landlord directly by text and advised the roof was leaking again. The landlord responded that they would attend to it. Then on 7 February the landlord texted the tenant saying: Hi Nicole. I am really sorry to do this but we are going to be selling the house in the next couple of months. We understand that this is not an ideal situation for you but circumstances have changed and we are going to be putting the house on the market. We thought we would let you know so that you are able to discuss alternative options moving forward. We will be in contact with Wade and will have this sent to him in writing terminating the fixed-term agreement. Apologies.

The tenant was upset by this. Ms Butler was 7½ months’ pregnant and did not want people coming through the property for open homes. She contacted Tenancy Services for advice and spoke with the property manager, Wade.

Then on 10 February the tenants emailed the property manager saying they would be moving out on 18 February and would hand the keys back on 22 February.

Through the property manager, there were some negotiations. By agreement the bond was released to the tenant less some cleaning costs and repair costs. The tenants now dispute those.

Th landlord said that the reason she sent the tenant the text letting her know they were going to be selling was because she wanted to give them a heads up. They had been in communication before and so she wanted to let them know. Decision

Neither party applied to reduce the fixed-term tenancy and so both parties were bound by the terms of the fixed-term until 13 August 2023.

The text sent by the landlord would have no doubt perturbed the tenants, but she had not given them notice or a date that they needed to move out.

As the tenants said, they realised they did not have to move out at that time.

Although the landlord’s text of 7 February was probably unwise, there was no date for termination given. It was the start of a conversation.

The landlord released the tenants from their tenancy on only 10 days’ notice. I do not find that the tenant sustained any loss. Any stress was short-lived.

The tenants had no photographs to support their claims for cleaning and damage. Through the property manager, the tenants had previously agreed to pay for this. The landlord does not need to provide evidence to justify the reduction of the release of the bond.

The landlord has behaved very reasonably in releasing the tenants from the fixed-term tenancy at short notice. That more than compensates for any disturbance caused by the text of 7 February in which they advised the intention to sell the property.

The tenants’ claim is dismissed.

Order

The tenants’ application is dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for $12,500 compensation because they were asked to end a fixed-term tenancy early.
The tenancy agreement was for 12 months from 13 August 2022. It was between the tenants and the landlord, care of a property management company Absolute Rentals.
The tenant had no complaint about the property manager (Wade) or the company.
Within the first six months there was an issue with a leaking roof which the landlord attended to. Around this time they also asked the tenants if they were interested in buying the property. The tenants were not in a position to do so.
On 3 February the tenants contacted the landlord directly by text and advised the roof was leaking again. The landlord responded that they would attend to it. Then on 7 February the landlord texted the tenant saying: Hi Nicole. I am really sorry to do this but we are going to be selling the house in the next couple of months. We understand that this is not an ideal situation for you but circumstances have changed and we are going to be putting the house on the market. We thought we would let you know so that you are able to discuss alternative options moving forward. We will be in contact with Wade and will have this sent to him in writing terminating the fixed-term agreement. Apologies.
The tenant was upset by this. Ms Butler was 7½ months’ pregnant and did not want people coming through the property for open homes. She contacted Tenancy Services for advice and spoke with the property manager, Wade.
Then on 10 February the tenants emailed the property manager saying they would be moving out on 18 February and would hand the keys back on 22 February.
Through the property manager, there were some negotiations. By agreement the bond was released to the tenant less some cleaning costs and repair costs. The tenants now dispute those.
Th landlord said that the reason she sent the tenant the text letting her know they were going to be selling was because she wanted to give them a heads up. They had been in communication before and so she wanted to let them know. Decision
Neither party applied to reduce the fixed-term tenancy and so both parties were bound by the terms of the fixed-term until 13 August 2023.
The text sent by the landlord would have no doubt perturbed the tenants, but she had not given them notice or a date that they needed to move out.
As the tenants said, they realised they did not have to move out at that time.
Although the landlord’s text of 7 February was probably unwise, there was no date for termination given. It was the start of a conversation.
The landlord released the tenants from their tenancy on only 10 days’ notice. I do not find that the tenant sustained any loss. Any stress was short-lived.
The tenants had no photographs to support their claims for cleaning and damage. Through the property manager, the tenants had previously agreed to pay for this. The landlord does not need to provide evidence to justify the reduction of the release of the bond.
The landlord has behaved very reasonably in releasing the tenants from the fixed-term tenancy at short notice. That more than compensates for any disturbance caused by the text of 7 February in which they advised the intention to sell the property.
The tenants’ claim is dismissed.

Tenancy Tribunal case 4687499 — Leaks at 11 Waltham Court, Cloverlea, Palmerston North 4412

At a glance

Tenancy Tribunal case 4687499 — Leaks at 11 Waltham Court, Cloverlea, Palmerston North 4412

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