What was the outcome of Tenancy Tribunal case 4734271?

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

How much money was awarded in case 4734271?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4734271?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4734271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776338-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734271?

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

How much money was awarded in case 4734271?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4734271?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4734271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9776338-Tenancy_Tribunal_Order.pdf.

Unit/Flat 14, 68 Remuera Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4734271 — Cleanliness

Reasons

Both parties attended the hearing. Ms Nguyen appeared on behalf of both tenants by phone from Vietnam. Ms Hale and Ms Michie appeared on behalf of the landlord.

The tenant has applied for reduction of the fixed-term tenancy due to end on 22 February 2024.

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; and 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.

At the hearing Ms Nguyen explained that she and her partner are no longer together, as the relationship ended in June 2023. She said that she has continued to pay rent to date with assistance from family and an accommodation supplement but that she returned to Vietnam on 8 December 2023 and will not be returning until 28 January 2023. She said that she moved out of the property before she left and will arrange cleaning during her absence. She said that continuing to pay rent until the end of the fixed term will cause considerable financial hardship as she is not receiving any assistance from her husband no longer qualifies for any assistance from WINZ.

When I questioned Ms Nguyen about her reasons for returning to Vietnam she said that her brother was getting married and that the wedding had been planned for approximately one year. She also said that her father is unwell.

Ms Hale and Ms Mitchie explained that the landlord has family returning to New Zealand and that the landlord gave notice to the tenants to coincide with the fixed term date, so that the tenants would have plenty of time to plan going forward. They say that the landlord’s family will not be returning until February 2024 and that the landlord will be unable to find a short-term tenant in the interim if the fixed term is reduced.

I have considered all of the evidence carefully. In my view the primary change in circumstances has been Ms Nguyen’s move to Vietnam. The fact that the tenants’ relationship has ended is not in itself a change in circumstances as Mr Tran remains jointly and severally liable for rent until the end of the fixed term, together with Ms Nguyen.

I do not consider that the move to Vietnam is an unforeseen change in circumstances. The wedding has been planned for a year and Ms Nguyen has chosen to go with all three children. I appreciate that Ms Nguyen’s father is also unwell, but ultimately the wedding appears to be the main reason for the trip. Ms Ngyuyen would have been aware that the trip would affect her accommodation supplement.

As I have found that the change in circumstances was not unforeseen, I do not need to consider the relative hardship that is likely to be suffered by each party.

Order

The tenants’ application is dismissed.

Reasons

Both parties attended the hearing. Ms Nguyen appeared on behalf of both tenants by phone from Vietnam. Ms Hale and Ms Michie appeared on behalf of the landlord.
The tenant has applied for reduction of the fixed-term tenancy due to end on 22 February 2024.
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; and 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.
At the hearing Ms Nguyen explained that she and her partner are no longer together, as the relationship ended in June 2023. She said that she has continued to pay rent to date with assistance from family and an accommodation supplement but that she returned to Vietnam on 8 December 2023 and will not be returning until 28 January 2023. She said that she moved out of the property before she left and will arrange cleaning during her absence. She said that continuing to pay rent until the end of the fixed term will cause considerable financial hardship as she is not receiving any assistance from her husband no longer qualifies for any assistance from WINZ.
When I questioned Ms Nguyen about her reasons for returning to Vietnam she said that her brother was getting married and that the wedding had been planned for approximately one year. She also said that her father is unwell.
Ms Hale and Ms Mitchie explained that the landlord has family returning to New Zealand and that the landlord gave notice to the tenants to coincide with the fixed term date, so that the tenants would have plenty of time to plan going forward. They say that the landlord’s family will not be returning until February 2024 and that the landlord will be unable to find a short-term tenant in the interim if the fixed term is reduced.
I have considered all of the evidence carefully. In my view the primary change in circumstances has been Ms Nguyen’s move to Vietnam. The fact that the tenants’ relationship has ended is not in itself a change in circumstances as Mr Tran remains jointly and severally liable for rent until the end of the fixed term, together with Ms Nguyen.
I do not consider that the move to Vietnam is an unforeseen change in circumstances. The wedding has been planned for a year and Ms Nguyen has chosen to go with all three children. I appreciate that Ms Nguyen’s father is also unwell, but ultimately the wedding appears to be the main reason for the trip. Ms Ngyuyen would have been aware that the trip would affect her accommodation supplement.
As I have found that the change in circumstances was not unforeseen, I do not need to consider the relative hardship that is likely to be suffered by each party.

Tenancy Tribunal case 4734271 — Cleanliness at Unit/Flat 14, 68 Remuera Road, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 4734271 — Cleanliness at Unit/Flat 14, 68 Remuera Road, Remuera, Auckland 1050

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