What was the outcome of Tenancy Tribunal case 4732109?

The tribunal order states: The term of the fixed-term tenancy of Ireneo Cortez Carag, Arlene Atienza

How much money was awarded in case 4732109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,467.14 awarded to landlord

What type of tenancy dispute was case 4732109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9814566-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732109?

The tribunal order states: The term of the fixed-term tenancy of Ireneo Cortez Carag, Arlene Atienza

How much money was awarded in case 4732109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,467.14 awarded to landlord

What type of tenancy dispute was case 4732109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4732109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9814566-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 48 Avenue Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4732109 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4732109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 December 2023	$1,467.14		Rent arrears to 1 December 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

The term of the fixed-term tenancy of Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag at Unit/Flat Flat 4, 48 Avenue Road, Otahuhu, Auckland 1062 is reduced to 1 December 2023.

Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag must pay Oracle Property Management Limited - As Agent For Avisha Ltd - Avenue Road $1,487.58 immediately.

The Bond Centre is to pay the bond of $1,580.00 (3040382-021) immediately apportioned as follows: Oracle Property Management Limited - As Agent For Avisha Ltd - Avenue Road: $1,487.58 Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag: $92.42

Reasons

Both parties attended the hearing by phone. A court appointed Tagalog interpreter also attended to assist the tenant.

The tenant has applied for reduction of the fixed-term tenancy due to end on 8 June 2024.

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. The tenant no longer felt safe at the premises because their neighbour kept knocking on their door at midnight for no reason and they can’t sleep properly. The tenant all suffer stress because of the neighbour disturbing them.

I am satisfied that the tenant would suffer severe hardship if the term of the tenancy were not reduced.

I find that the tenant’s hardship would be greater than the landlord’s hardship. After the tenant vacated on 5 November 2023, the landlord readvertised the premises and new tenants are found and started their tenancy on 2 December 2023. The landlord’s hardship may be compensated accordingly.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

I award compensation of $1,467.14 to the landlord, being rent arrears to 1 December 2023 considering the fact that the landlord had taken steps to terminate the anti-social neighbour’s tenancy after the tenant complained about the disturbances at night.

I do not consider that the tenant should have to pay the landlord’s costs to re-let the property in the circumstances. The tenant abandoned the fixed-term tenancy because their quiet enjoyment has been breached by their neighbour to the point that they no longer felt safe.

The landlord’s claim for break-fee or reletting fees therefore fail.

Be that as it may, the tenant should not have abandoned the tenancy without getting an order from the Tribunal that their fixed term tenancy has been reduced.

The tenant filed their claim for early release from the tenancy after they had already vacated. I do not consider that the interference to their peace and quiet enjoyment was so severe that they are justified in vacating on their own accord without notice to the landlord or without first getting an order from the Tribunal as to when they may do so.

Having regard to all the circumstances of the case, I consider it just to reduce the fixed term to 1 December 2023, the day prior to new tenants moving into the premises. Rent is therefore payable until 1 December 2023.

The landlord, being successful on their claim for rent arrears, is also entitled to reimbursement of the filing fee paid for the application.

Claims and awards in Tenancy Tribunal application 4732109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 1 December 2023	$1,467.14		Rent arrears to 1 December 2023
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The term of the fixed-term tenancy of Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag at Unit/Flat Flat 4, 48 Avenue Road, Otahuhu, Auckland 1062 is reduced to 1 December 2023.
Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag must pay Oracle Property Management Limited - As Agent For Avisha Ltd - Avenue Road $1,487.58 immediately.
The Bond Centre is to pay the bond of $1,580.00 (3040382-021) immediately apportioned as follows: Oracle Property Management Limited - As Agent For Avisha Ltd - Avenue Road: $1,487.58 Ireneo Cortez Carag, Arlene Atienza Carag and Alyanna Reign Atienza Carag: $92.42

Reasons

Both parties attended the hearing by phone. A court appointed Tagalog interpreter also attended to assist the tenant.
The tenant has applied for reduction of the fixed-term tenancy due to end on 8 June 2024.
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. The tenant no longer felt safe at the premises because their neighbour kept knocking on their door at midnight for no reason and they can’t sleep properly. The tenant all suffer stress because of the neighbour disturbing them.
I am satisfied that the tenant would suffer severe hardship if the term of the tenancy were not reduced.
I find that the tenant’s hardship would be greater than the landlord’s hardship. After the tenant vacated on 5 November 2023, the landlord readvertised the premises and new tenants are found and started their tenancy on 2 December 2023. The landlord’s hardship may be compensated accordingly.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.
I award compensation of $1,467.14 to the landlord, being rent arrears to 1 December 2023 considering the fact that the landlord had taken steps to terminate the anti-social neighbour’s tenancy after the tenant complained about the disturbances at night.
I do not consider that the tenant should have to pay the landlord’s costs to re-let the property in the circumstances. The tenant abandoned the fixed-term tenancy because their quiet enjoyment has been breached by their neighbour to the point that they no longer felt safe.
The landlord’s claim for break-fee or reletting fees therefore fail.
Be that as it may, the tenant should not have abandoned the tenancy without getting an order from the Tribunal that their fixed term tenancy has been reduced.
The tenant filed their claim for early release from the tenancy after they had already vacated. I do not consider that the interference to their peace and quiet enjoyment was so severe that they are justified in vacating on their own accord without notice to the landlord or without first getting an order from the Tribunal as to when they may do so.
Having regard to all the circumstances of the case, I consider it just to reduce the fixed term to 1 December 2023, the day prior to new tenants moving into the premises. Rent is therefore payable until 1 December 2023.
The landlord, being successful on their claim for rent arrears, is also entitled to reimbursement of the filing fee paid for the application.

Tenancy Tribunal case 4732109 — Rent arrears at Unit/Flat Flat 4, 48 Avenue Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4732109 — Rent arrears at Unit/Flat Flat 4, 48 Avenue Road, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions