What was the outcome of Tenancy Tribunal case 4929713?

The tribunal order states: The term of the fixed-term tenancy of John Fernando VARELA and Sisi Xu at

How much money was awarded in case 4929713?

Compensation: $851.07 awarded to landlord

What type of tenancy dispute was case 4929713?

The dispute type was not classified.

Where can I read the official tribunal order for case 4929713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10621616-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929713?

The tribunal order states: The term of the fixed-term tenancy of John Fernando VARELA and Sisi Xu at

How much money was awarded in case 4929713?

Compensation: $851.07 awarded to landlord

What type of tenancy dispute was case 4929713?

The dispute type was not classified.

Where can I read the official tribunal order for case 4929713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10621616-Tenancy_Tribunal_Order.pdf.

37B Mataroa Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 4929713 — Tenancy dispute

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37B Mataroa Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 4929713 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929713 — net $851.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation - breaking fixed term	$851.07	Compensation - breaking fixed term
Net award	$851.07
Total payable by Tenant to Landlord	$851.07

Claims and awards for application 4929713 — net $851.07 NZD. Verify on MoJ.

Compensation - breaking fixed term

Amount: $851.07
Awarded to: Landlord
Reason: Compensation - breaking fixed term

Net award

Landlord $851.07

Total payable by Tenant to Landlord

Landlord $851.07

Claim types — money lines allowed on this order

Compensation

Order

The term of the fixed-term tenancy of John Fernando VARELA and Sisi Xu at 37B Mataroa Road, Mount Wellington, Auckland 1062 is reduced and now ends at 11.59pm on Wednesday 14 August 2024.
John Fernando VARELA and Sisi Xu must pay Now Realty Limited $851.07 immediately.

Reasons

Both parties attended the hearing which was held by videoconference.
The tenant has applied for reduction of the fixed-term tenancy due to end on 14 March 2025.
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.
I accept the evidence provided today relating to roaming dogs in the neighbourhood which have caused considerable issues in the neighbourhood, including biting a neighbour. I consider that this situation is an unforeseen change in the tenant’s circumstances. Roaming aggressive dogs is not something that can be foreseen.
I also accept that the tenant would suffer severe hardship if the term of the tenancy were not reduced. I say this because I accept the evidence that Ms Xu is unable to go outside freely because of the dogs and she is too afraid to stay at the premises alone.
I accept that the landlord would suffer hardship if the term is reduced because the landlord no longer has the certainty of rent to March 2025. The landlord will also have to pay the costs of getting a new tenant when the landlord did not expect to bear those costs until March of next year.
However I find that the tenant’s hardship would be greater than the landlord’s hardship.
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 $851.07 to the landlord, taking into account lost rent and the costs of getting a new tenant.
I have calculated the rent loss by taking into account that the tenant gave notice on 18 July 2024 and so he should pay rent for 28 days from that date, (14 August 2024) as if it were a periodic tenancy. The tenant will be paying rent to 9 August 2024 and so the loss will be 5 days’ rent (from 10 August 2024 to 14 August 2024).
I have accepted the landlord’s evidence that the usual cost of a lease break fee is $450.00 which takes into account such things as the cost of advertising.
I have also taken into account that the landlord is required to reimburse the cost of filing to the tenant because the tenant was substantially successful in his claim against the landlord. C ter Haar 24 July 2024

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4929713 — net $851.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation - breaking fixed term	$851.07	Compensation - breaking fixed term
Net award	$851.07
Total payable by Tenant to Landlord	$851.07

Claims and awards for application 4929713 — net $851.07 NZD. Verify on MoJ.

Compensation - breaking fixed term

Amount: $851.07
Awarded to: Landlord
Reason: Compensation - breaking fixed term

Net award

Landlord $851.07

Total payable by Tenant to Landlord

Landlord $851.07

Claim types — money lines allowed on this order

Compensation

Order

The term of the fixed-term tenancy of John Fernando VARELA and Sisi Xu at 37B Mataroa Road, Mount Wellington, Auckland 1062 is reduced and now ends at 11.59pm on Wednesday 14 August 2024.
John Fernando VARELA and Sisi Xu must pay Now Realty Limited $851.07 immediately.

Reasons

Both parties attended the hearing which was held by videoconference.
The tenant has applied for reduction of the fixed-term tenancy due to end on 14 March 2025.
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.
I accept the evidence provided today relating to roaming dogs in the neighbourhood which have caused considerable issues in the neighbourhood, including biting a neighbour. I consider that this situation is an unforeseen change in the tenant’s circumstances. Roaming aggressive dogs is not something that can be foreseen.
I also accept that the tenant would suffer severe hardship if the term of the tenancy were not reduced. I say this because I accept the evidence that Ms Xu is unable to go outside freely because of the dogs and she is too afraid to stay at the premises alone.
I accept that the landlord would suffer hardship if the term is reduced because the landlord no longer has the certainty of rent to March 2025. The landlord will also have to pay the costs of getting a new tenant when the landlord did not expect to bear those costs until March of next year.
However I find that the tenant’s hardship would be greater than the landlord’s hardship.
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 $851.07 to the landlord, taking into account lost rent and the costs of getting a new tenant.
I have calculated the rent loss by taking into account that the tenant gave notice on 18 July 2024 and so he should pay rent for 28 days from that date, (14 August 2024) as if it were a periodic tenancy. The tenant will be paying rent to 9 August 2024 and so the loss will be 5 days’ rent (from 10 August 2024 to 14 August 2024).
I have accepted the landlord’s evidence that the usual cost of a lease break fee is $450.00 which takes into account such things as the cost of advertising.
I have also taken into account that the landlord is required to reimburse the cost of filing to the tenant because the tenant was substantially successful in his claim against the landlord. C ter Haar 24 July 2024

Tenancy Tribunal case 4929713 — Tenancy dispute at 37B Mataroa Road, Mount Wellington, Auckland 1062

At a glance

Award balance

Tenancy Tribunal case 4929713 — Tenancy dispute at 37B Mataroa Road, Mount Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions