What was the outcome of Tenancy Tribunal case 4987808?

The tribunal order states: The fixed term tenancy is hereby reduced to 16 September 2024.

How much money was awarded in case 4987808?

Lease Break Fees: $500.87 awarded to landlord; Rent Arrears: $1,428.57 awarded to landlord

What type of tenancy dispute was case 4987808?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4987808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10855310-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4987808?

The tribunal order states: The fixed term tenancy is hereby reduced to 16 September 2024.

How much money was awarded in case 4987808?

Lease Break Fees: $500.87 awarded to landlord; Rent Arrears: $1,428.57 awarded to landlord

What type of tenancy dispute was case 4987808?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4987808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10855310-Tenancy_Tribunal_Order.pdf.

60A Garden Heights Avenue, Glenview, Hamilton 3206 Tenancy Tribunal Case 4987808 — Rent arrears

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60A Garden Heights Avenue, Glenview, Hamilton 3206 Tenancy Tribunal Case 4987808 — Rent arrears | 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 4987808 — net $1,929.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$1,428.57	Rent arrears to 16 September 2024
Lease break fees	$500.87	Lease break fees
Net award	$1,929.44
Total payable by Tenant to Landlord	$1,929.44

Claims and awards for application 4987808 — net $1,929.44 NZD. Verify on MoJ.

Rent arrears to 16 September 2024

Amount: $1,428.57
Awarded to: Landlord
Reason: Rent arrears to 16 September 2024

Lease break fees

Amount: $500.87
Awarded to: Landlord
Reason: Lease break fees

Net award

Landlord $1,929.44

Total payable by Tenant to Landlord

Landlord $1,929.44

Claim types — money lines allowed on this order

Rent arrears

Order

The fixed term tenancy is hereby reduced to 16 September 2024.
Niraj Nilesh Murthi must pay Lugton's Limited As Agent For Roger And Angela Dixon $1,929.44 immediately, as calculated in table below.

Reasons

Both parties attended the hearing.
The tenant has applied for a reduction of his fixed term tenancy of one year from 8 August 2024.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that term.
In the case of residential tenancies, section 66 (1) of the Residential Tenancies Act 1986 allows for the reduction of fixed term tenancy agreements thus: On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is a high threshold that needs 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 his or her circumstances; and b. that change was unforeseen; and c. that unforeseen change will result in severe hardship to the applicant if the tenancy is not ended; and d. the severe hardship the applicant would suffer if the term was not reduced exceeds the hardship the other party would suffer if the term was reduced.
Here both parties have agreed for the fixed term tenancy to be reduced on the advice of the tenant who has yet to move into the premises and now unable to move into the premises with his sister as anticipated.
However, section 66(2) confirms that if the Tribunal reduces the term of the tenancy, that the Tribunal can order the tenant pay compensation to the landlord as follows: Where the Tribunal makes an order under subsection (1), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party which would result from the reduction in the term of the tenancy.
The premises has since been relet on 16 September 2024 after the landlord readvertised the property and undertook steps to mitigate the tenant’s loss.
In ordering a reduction in the term of the tenancy to 16 September 2024, I award the landlord rent arrears and lease break charges as set out above. I am satisfied that they constitute reasonable compensation for loss to the landlord which resulted from the reduction in the term of the tenancy.

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 4987808 — net $1,929.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$1,428.57	Rent arrears to 16 September 2024
Lease break fees	$500.87	Lease break fees
Net award	$1,929.44
Total payable by Tenant to Landlord	$1,929.44

Claims and awards for application 4987808 — net $1,929.44 NZD. Verify on MoJ.

Rent arrears to 16 September 2024

Amount: $1,428.57
Awarded to: Landlord
Reason: Rent arrears to 16 September 2024

Lease break fees

Amount: $500.87
Awarded to: Landlord
Reason: Lease break fees

Net award

Landlord $1,929.44

Total payable by Tenant to Landlord

Landlord $1,929.44

Claim types — money lines allowed on this order

Rent arrears

Order

The fixed term tenancy is hereby reduced to 16 September 2024.
Niraj Nilesh Murthi must pay Lugton's Limited As Agent For Roger And Angela Dixon $1,929.44 immediately, as calculated in table below.

Reasons

Both parties attended the hearing.
The tenant has applied for a reduction of his fixed term tenancy of one year from 8 August 2024.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that term.
In the case of residential tenancies, section 66 (1) of the Residential Tenancies Act 1986 allows for the reduction of fixed term tenancy agreements thus: On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
There is a high threshold that needs 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 his or her circumstances; and b. that change was unforeseen; and c. that unforeseen change will result in severe hardship to the applicant if the tenancy is not ended; and d. the severe hardship the applicant would suffer if the term was not reduced exceeds the hardship the other party would suffer if the term was reduced.
Here both parties have agreed for the fixed term tenancy to be reduced on the advice of the tenant who has yet to move into the premises and now unable to move into the premises with his sister as anticipated.
However, section 66(2) confirms that if the Tribunal reduces the term of the tenancy, that the Tribunal can order the tenant pay compensation to the landlord as follows: Where the Tribunal makes an order under subsection (1), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party which would result from the reduction in the term of the tenancy.
The premises has since been relet on 16 September 2024 after the landlord readvertised the property and undertook steps to mitigate the tenant’s loss.
In ordering a reduction in the term of the tenancy to 16 September 2024, I award the landlord rent arrears and lease break charges as set out above. I am satisfied that they constitute reasonable compensation for loss to the landlord which resulted from the reduction in the term of the tenancy.

Tenancy Tribunal case 4987808 — Rent arrears at 60A Garden Heights Avenue, Glenview, Hamilton 3206

At a glance

Tenancy Tribunal case 4987808 — Rent arrears at 60A Garden Heights Avenue, Glenview, Hamilton 3206

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions