What was the outcome of Tenancy Tribunal case 5103828?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5103828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5103828?

The dispute type was not classified.

Where can I read the official tribunal order for case 5103828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246217-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5103828?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5103828?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5103828?

The dispute type was not classified.

Where can I read the official tribunal order for case 5103828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246217-Tenancy_Tribunal_Order.pdf.

3B Peckham Grove, Tawa, Wellington 5028 Tenancy Tribunal Case 5103828 — Tenancy dispute

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Reasons

Both parties attended the hearing, conducted via teleconference.

The tenants sought a release from a fixed-term tenancy due to end 25 March 2025. Should the fixed term tenancy be reduced

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, 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.

Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

In this matter, there have been a series of changes for the tenants. These have resulted in their relocating from the premises. I will not recount all of the changes in this order as they were discussed and confirmed at the hearing, as well as the reasons and any compulsion.

The landlord was notified of the tenants’ desire to leave in on or around 17 October and the premises are now vacant and being actively marketed for rent. No new tenancy has formed to date.

Since advising the landlord they wanted a release from this tenancy, the tenants have purchased a home, in a different town from their current location(s). This purchase was made in mid-November 2024. That transaction is due to settle on 29 January 2025.

I do not find there has been unforeseeable changes for the tenants such that any interference with the fixed-term should occur. There is a lack of compulsion in two key changes in circumstances: one tenant taking a six-month posting overseas, and the purchase of a house with no certain occupancy at settlement and the potential liability of this fixed-term remaining. Given that, I have not had to consider the relative hardship of the parties although that, based on the submissions, is not obvious as a severe hardship to the tenants at this time.

The application is dismissed.

Reasons

Both parties attended the hearing, conducted via teleconference.

The tenants sought a release from a fixed-term tenancy due to end 25 March 2025. Should the fixed term tenancy be reduced

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

The landlord was notified of the tenants’ desire to leave in on or around 17 October and the premises are now vacant and being actively marketed for rent. No new tenancy has formed to date.

The application is dismissed.

Tenancy Tribunal case 5103828 — Tenancy dispute at 3B Peckham Grove, Tawa, Wellington 5028

At a glance

Claims & awards

Tenancy Tribunal case 5103828 — Tenancy dispute at 3B Peckham Grove, Tawa, Wellington 5028

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