What was the outcome of Tenancy Tribunal case 5014629?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5014629?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5014629?

The dispute type was not classified.

Where can I read the official tribunal order for case 5014629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10970702-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014629?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5014629?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5014629?

The dispute type was not classified.

Where can I read the official tribunal order for case 5014629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10970702-Tenancy_Tribunal_Order.pdf.

148 District Road, Green Island, Dunedin 9018 Tenancy Tribunal Case 5014629 — Tenancy dispute

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Reasons

Both parties attended the hearing, conducted via teleconference.

The tenant sought an early release from the fixed-term tenancy, contracted to 19 December 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 (“RTA”), 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 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.

In this instance, the tenant was able to purchase a home. Unfortunately for her the settlement of that purchase cannot be extended beyond 1 November 2024.

As exciting an opportunity as the purchase is, it cannot be considered an unforeseen event such that the Tribunal should interfere with the fixed-term contract.

I found no grounds under s 66 RTA to make any such order and foreshadowed the application must be dismissed.

A broader discussion then ensued regarding possible short-term assignment and the respective rights and obligations of each party.

The applicant requested suppression. Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Given the lack of success, no applicant name suppression is ordered.

Reasons

Both parties attended the hearing, conducted via teleconference.

The tenant sought an early release from the fixed-term tenancy, contracted to 19 December 2024.

In this instance, the tenant was able to purchase a home. Unfortunately for her the settlement of that purchase cannot be extended beyond 1 November 2024.

As exciting an opportunity as the purchase is, it cannot be considered an unforeseen event such that the Tribunal should interfere with the fixed-term contract.

I found no grounds under s 66 RTA to make any such order and foreshadowed the application must be dismissed.

A broader discussion then ensued regarding possible short-term assignment and the respective rights and obligations of each party.

Given the lack of success, no applicant name suppression is ordered.

Tenancy Tribunal case 5014629 — Tenancy dispute at 148 District Road, Green Island, Dunedin 9018

At a glance

Claims & awards

Tenancy Tribunal case 5014629 — Tenancy dispute at 148 District Road, Green Island, Dunedin 9018

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