What was the outcome of Tenancy Tribunal case 5129228?

The tribunal order states: The term of the fixed-term tenancy of Joseph McGee and Jordon Stone at 94

How much money was awarded in case 5129228?

Compensation: Break Lease Fee: $446.00 awarded to landlord; Compensation: Loss Of Rental: $770.00 awarded to landlord; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5129228?

The dispute type was not classified.

Where can I read the official tribunal order for case 5129228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437057-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5129228?

The tribunal order states: The term of the fixed-term tenancy of Joseph McGee and Jordon Stone at 94

How much money was awarded in case 5129228?

Compensation: Break Lease Fee: $446.00 awarded to landlord; Compensation: Loss Of Rental: $770.00 awarded to landlord; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5129228?

The dispute type was not classified.

Where can I read the official tribunal order for case 5129228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437057-Tenancy_Tribunal_Order.pdf.

94 Lancaster Road, Beach Haven, Auckland 0626 Tenancy Tribunal Case 5129228 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5129228 — net $1,189.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation: loss of rental	$770.00		loss of rental
Compensation: break lease fee	$446.00		break lease fee
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$1,216.00	$27.00
Net award	$1,189.00
Bond	$3,080.00
Total payable by Tenant to Landlord	$1,189.00

The term of the fixed-term tenancy of Joseph McGee and Jordon Stone at 94 Lancaster Road, Beach Haven, Auckland 0626 is reduced and the termination date is deemed to be 11:59pm, 12 January 2025.

Joseph McGee and Jordon Stone must pay Auckland Property Management Limited As Agent For Kesi Hui & Wei Zhao Suzie Qin $1,189.00 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,080.00 (3328409-010) immediately apportioned as follows: Auckland Property Management Limited As $1,189.00 Agent For Kesi Hui & Wei Zhao Suzie Qin: Joseph McGee and Jordon Stone: $1,891.00

Reasons

The landlord attended the hearing on 13 February 2025. Joseph McGee attended the hearing for the tenant. Jordon Stone did not attend.

The tenancy began on 25 November 2024 and was a fixed-term tenancy to 24 November 2025.

The tenant has applied to reduce the fixed-term tenancy.

By the date of the hearing on 13 February 2025, the tenancy had ended. A new tenancy with new tenants commenced on 21 January 2025.

The tenant claims the fixed-term should be reduced to a date before the new tenancy began. The landlord disputes this and claims the tenant should pay rent up to the date of the new tenancy.

As the applicant, the tenant must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should there be a reduction to the fixed-term tenancy?

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 find that there has been an unforeseen change in the tenant's circumstances. Mr McGee gave evidence that he and Mr Stone are university students. University accommodation is expensive and therefore, they decided to rent a house to share the expenses.

The tenancy agreement was signed by Mr McGee and Mr Stone on 8 November 2024. The start date for the tenancy was 25 November 2024.

Mr McGee gave evidence that a couple of days before the tenancy was due to begin on 25 November 2024, Mr Stone contacted him advising that he had lost his job and was unable to proceed with the tenancy. Mr McGee gave evidence that he could not afford to pay the rent himself moving forward.

Mr McGee contacted the landlord and discussed the option of terminating the tenancy. The landlord agreed to this, but advised Mr McGee that he would need to pay rent up to the date a new tenancy began and a “break lease” fee of $446.00.

Understandably, it took the landlord some time to find a new tenant, as it was close to the end of the year. To try to quicken the process, the landlord reduced the weekly rent by $20.00 per week.

Concerned about his ability to continue paying rent for an indefinite period of time, Mr McGee filed an application with the Tribunal on 12 January 2025 to reduce the fixed-term.

By the date of the hearing on 13 February 2025, the tenancy had ended with a new tenancy having begun on 21 January 2025.

Mr McGee gave evidence that he continued to pay the full rent up to 25 December 2024. Thereafter, he was only able to pay a portion of the rent due. The landlord’s rent summary reflects this and shows that rent arrears were $1,305.00 up to 20 January 2025.

Mr McGee gave evidence that he is not working and is due to start full-time study around March 2025. He claims he will graduate at the end of this year. Mr McGee gave evidence that he has a total of $800.00 savings in his bank account and that he had to borrow money from his father to pay rent between 23 November 2024 – 14 January 2025. Mr McGee claims that he also needs to secure new accommodation for the academic year. He intends to use his portion of the bond plus his savings to help with this.

The landlord claims they would suffer hardship if the term were reduced because they rely on rent to help them pay the mortgage. The total rent arrears up to 20 January 2025 equates to 11 days.

I accept that the landlord would suffer hardship if the term were reduced, but consider that the tenant’s hardship to be greater. This is because Mr McGee is a fulltime student with a limited income and a small amount of savings. I consider the financial impact on the tenant to be greater than the landlord.

The fixed-term is accordingly reduced to 12 January 2025.

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 $1,216.00 to the landlord. This sum reflects the reasonable costs incurred by the landlord in finding a new tenant ($446.00) and rent arrears up to 12 January 2025, namely $770.00. Filing fee

Because Joseph McGee, Jordon Stone has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5129228 — net $1,189.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation: loss of rental	$770.00		loss of rental
Compensation: break lease fee	$446.00		break lease fee
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$1,216.00	$27.00
Net award	$1,189.00
Bond	$3,080.00
Total payable by Tenant to Landlord	$1,189.00

Order

The term of the fixed-term tenancy of Joseph McGee and Jordon Stone at 94 Lancaster Road, Beach Haven, Auckland 0626 is reduced and the termination date is deemed to be 11:59pm, 12 January 2025.
Joseph McGee and Jordon Stone must pay Auckland Property Management Limited As Agent For Kesi Hui & Wei Zhao Suzie Qin $1,189.00 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,080.00 (3328409-010) immediately apportioned as follows: Auckland Property Management Limited As $1,189.00 Agent For Kesi Hui & Wei Zhao Suzie Qin: Joseph McGee and Jordon Stone: $1,891.00

Reasons

The landlord attended the hearing on 13 February 2025. Joseph McGee attended the hearing for the tenant. Jordon Stone did not attend.
The tenancy began on 25 November 2024 and was a fixed-term tenancy to 24 November 2025.
The tenant has applied to reduce the fixed-term tenancy.
By the date of the hearing on 13 February 2025, the tenancy had ended. A new tenancy with new tenants commenced on 21 January 2025.
The tenant claims the fixed-term should be reduced to a date before the new tenancy began. The landlord disputes this and claims the tenant should pay rent up to the date of the new tenancy.
As the applicant, the tenant must prove their claim to the civil law standard of proof, on the balance of probabilities.

Should there be a reduction to the fixed-term tenancy?

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 find that there has been an unforeseen change in the tenant's circumstances. Mr McGee gave evidence that he and Mr Stone are university students. University accommodation is expensive and therefore, they decided to rent a house to share the expenses.
The tenancy agreement was signed by Mr McGee and Mr Stone on 8 November 2024. The start date for the tenancy was 25 November 2024.
Mr McGee gave evidence that a couple of days before the tenancy was due to begin on 25 November 2024, Mr Stone contacted him advising that he had lost his job and was unable to proceed with the tenancy. Mr McGee gave evidence that he could not afford to pay the rent himself moving forward.
Mr McGee contacted the landlord and discussed the option of terminating the tenancy. The landlord agreed to this, but advised Mr McGee that he would need to pay rent up to the date a new tenancy began and a “break lease” fee of $446.00.
Understandably, it took the landlord some time to find a new tenant, as it was close to the end of the year. To try to quicken the process, the landlord reduced the weekly rent by $20.00 per week.
Concerned about his ability to continue paying rent for an indefinite period of time, Mr McGee filed an application with the Tribunal on 12 January 2025 to reduce the fixed-term.
By the date of the hearing on 13 February 2025, the tenancy had ended with a new tenancy having begun on 21 January 2025.
Mr McGee gave evidence that he continued to pay the full rent up to 25 December 2024. Thereafter, he was only able to pay a portion of the rent due. The landlord’s rent summary reflects this and shows that rent arrears were $1,305.00 up to 20 January 2025.
Mr McGee gave evidence that he is not working and is due to start full-time study around March 2025. He claims he will graduate at the end of this year. Mr McGee gave evidence that he has a total of $800.00 savings in his bank account and that he had to borrow money from his father to pay rent between 23 November 2024 – 14 January 2025. Mr McGee claims that he also needs to secure new accommodation for the academic year. He intends to use his portion of the bond plus his savings to help with this.
The landlord claims they would suffer hardship if the term were reduced because they rely on rent to help them pay the mortgage. The total rent arrears up to 20 January 2025 equates to 11 days.
I accept that the landlord would suffer hardship if the term were reduced, but consider that the tenant’s hardship to be greater. This is because Mr McGee is a fulltime student with a limited income and a small amount of savings. I consider the financial impact on the tenant to be greater than the landlord.
The fixed-term is accordingly reduced to 12 January 2025.
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 $1,216.00 to the landlord. This sum reflects the reasonable costs incurred by the landlord in finding a new tenant ($446.00) and rent arrears up to 12 January 2025, namely $770.00. Filing fee
Because Joseph McGee, Jordon Stone has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5129228 — Tenancy dispute at 94 Lancaster Road, Beach Haven, Auckland 0626

At a glance

Tenancy Tribunal case 5129228 — Tenancy dispute at 94 Lancaster Road, Beach Haven, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

Should there be a reduction to the fixed-term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should there be a reduction to the fixed-term tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions