What was the outcome of Tenancy Tribunal case 5081948?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5081948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5081948?

The dispute type was not classified.

Where can I read the official tribunal order for case 5081948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022499-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5081948?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5081948?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5081948?

The dispute type was not classified.

Where can I read the official tribunal order for case 5081948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022499-Tribunal_Order.pdf.

11A Pendene Place, Forrest Hill, Auckland 0620 Tenancy Tribunal Case 5081948 — Tenancy dispute

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Reasons

Both parties attended the hearing.

The Tribunal has previously issued a decision on 9 December 2024 (“the previous decision”) reducing the fixed term tenancy, awarding the landlord two weeks rent, and refunding the bond to the tenant. Since then, there have also been two rehearing applications made and determined in respect of this tenancy.

In the previous decision, I noted that there were further claims for compensation by the tenant for storage and Airbnb costs that had not been considered. This decision deals with those remaining claims.

The tenant says that because of an inability to move into the property due to the poor condition and specifically the smell within the property, she has suffered losses. She says that her family was required to move into an Airbnb property while they arranged for a long-term living solution, at a cost of $459.32. The tenant also claims the filing fee of $27.00.

The tenant also disputes having to pay two weeks rent in the previous decision. As advised at the hearing, this was a determination, and I am unable to revisit this. Any issues with orders made in the previous decision are instead grounds for an appeal.

In the previous decision, I reduced the fixed term tenancy, and directed that it ends on 5 December 2024 due to determining that the tenant would face the greatest hardship if the term of the tenancy was not reduced.

I did not find however, that the landlord had not suffered any losses. As submitted by the landlord, they were not given any time to remedy the issues and had not been able to rent the property out for many weeks as a result of the tenant seeking to reduce the fixed term lease without moving into the property. They were also required to relet the property just prior to Christmas and cover the associated costs in doing so.

I am satisfied that the losses suffered by the landlord, for example, the significant loss of rent and reletting costs, were commensurate with the circumstances.

Section 85 of the Residential Tenancies Act 1986 requires the Tribunal to determine each dispute accordingly to the general principles of the law relating to the matters and the substantial merits and justice of the case but shall not be bound to give effect to strict legal right or obligations or to strict legal forms or technicalities.

Although I accept that the tenant believed they had to spend money on temporary accommodation and were unable to move into the property (due to unforeseen circumstances and health concerns) I simply do not think it would be fair and reasonable for the landlord to be liable for these amounts, or any further costs in respect of this tenancy.

Accordingly, the tenant’s claims for Airbnb costs are dismissed.

I also have not refunded the application fee. Both parties have paid an application fee, and in my view, these costs should lie where they fall in this instance. R Harvey-Lane 27 June 2025

Reasons

Both parties attended the hearing.

I am satisfied that the losses suffered by the landlord, for example, the significant loss of rent and reletting costs, were commensurate with the circumstances.

Accordingly, the tenant’s claims for Airbnb costs are dismissed.

I also have not refunded the application fee. Both parties have paid an application fee, and in my view, these costs should lie where they fall in this instance. R Harvey-Lane 27 June 2025

Tenancy Tribunal case 5081948 — Tenancy dispute at 11A Pendene Place, Forrest Hill, Auckland 0620

At a glance

Claims & awards

Tenancy Tribunal case 5081948 — Tenancy dispute at 11A Pendene Place, Forrest Hill, Auckland 0620

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