What was the outcome of Tenancy Tribunal case 4804458?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4804458?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804458?

The dispute type was not classified.

Where can I read the official tribunal order for case 4804458?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146518-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804458?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4804458?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4804458?

The dispute type was not classified.

Where can I read the official tribunal order for case 4804458?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146518-Tenancy_Tribunal_Order.pdf.

26 Godfrey Drive, Orewa, Orewa 0931 Tenancy Tribunal Case 4804458 — Tenancy dispute

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Reasons

Both parties attended the hearing held by phone. Mr Sehannie represented the tenants. Ms Lloyd represented the landlord.

The tenants have applied for a reduction of the fixed-term tenancy due to end on 8 May 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 (RTA).

There has been no unforeseen change in the tenant's circumstances. Mr Sehannie said he and his wife booked to go to a friend’s wedding in the UK, leaving on 23 April 2024. They booked the trip in October 2023, well before discussions about extending their tenancy that happened in January 2024. They expected the tenancy would be renewed, but the landlord has decided to sell the premises.

The statutory test to be released from a fixed term tenancy is a high one. The Tribunal does not lightly interfere with contracts.

Because the tenants have not cleared the first hurdle (an unforeseen change in their circumstances) I need not consider the parties’ respective hardships - severe hardship to the applicants greater than the other party’s hardship.

Even if the Tribunal had reduced the term of the tenancy, the period of the reduction would be slightly less than 3 weeks.

Where the Tribunal reduces a fixed-term tenancy, it may, and usually does, order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.

Often the Tribunal awards the landlord an amount equivalent to the bond. It is seldom the case that the tenant is released from the fixed term tenancy without some financial compensation ordered to be paid to the landlord.

So, a reduction in the term of this tenancy would not have resulted in any financial relief to the tenants.

For these reasons, I dismiss the application. The tenancy will run its term and end on 8 May 2024.

Reasons

Both parties attended the hearing held by phone. Mr Sehannie represented the tenants. Ms Lloyd represented the landlord.

The tenants have applied for a reduction of the fixed-term tenancy due to end on 8 May 2024.

The statutory test to be released from a fixed term tenancy is a high one. The Tribunal does not lightly interfere with contracts.

Even if the Tribunal had reduced the term of the tenancy, the period of the reduction would be slightly less than 3 weeks.

Where the Tribunal reduces a fixed-term tenancy, it may, and usually does, order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.

So, a reduction in the term of this tenancy would not have resulted in any financial relief to the tenants.

For these reasons, I dismiss the application. The tenancy will run its term and end on 8 May 2024.

Tenancy Tribunal case 4804458 — Tenancy dispute at 26 Godfrey Drive, Orewa, Orewa 0931

At a glance

Claims & awards

Tenancy Tribunal case 4804458 — Tenancy dispute at 26 Godfrey Drive, Orewa, Orewa 0931

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions