What was the outcome of Tenancy Tribunal case 5145372?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 5145372?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145372?

The dispute type was not classified.

Where can I read the official tribunal order for case 5145372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11385100-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5145372?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 5145372?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145372?

The dispute type was not classified.

Where can I read the official tribunal order for case 5145372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11385100-Tenancy_Tribunal_Order.pdf.

93A Sandspit Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 5145372 — Tenancy dispute

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing by telephone.
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 July 2025.
The tenant discussed with the landlord ending the fixed term tenancy on 6 December 2024. The landlord explained that it would agree to ending the fixed term once a new tenancy had started and subject to the tenant paying the reletting fee.
The tenant saw the landlord’s advertisement for the property on Trademe which advised that the property was available from 10 January 2025. The tenant assumed that this meant that the landlord had agreed to release the tenant from the fixed term tenancy from that date. The tenant found a new property and moved out on 4 January 2025.
The landlord confirmed and the tenant accepted that there was no communication between the parties in which the landlord accepted that it had agreed to end the fixed term tenancy on 10 January 2025. The tenant’s evidence
The tenant gave the following evidence in support of their application: a. The neighbourhood generally and the road at the front of the property was unsafe and dangerous for the tenant and their two young children. b. The road has the usual residential area 50 km/h speed limit. This is regularly ignored and cars and motorcycles speed down it daily at speeds estimated by the tenant as exceeding 100 km/h. c. On one occasion the tenant estimates that the speed must have exceeded 160 km/h. On another occasion a motorbike lost control and came close to hitting one of the tenants returning to the property. d. The tenant is concerned that it is unsafe for their young children to play at the front of the property for fear of a vehicle crashing and coming into the property. e. The neighbourhood includes emergency housing and people in conflict with the law. The police are in the neighbourhood every day. There have been three police callouts during the tenancy, including one Armed Offenders’ Squad callout which concluded with armed police catching their suspect close to the property. f. The tenant works shifts and regularly needs to sleep during the day. The noise from the street of high-speed vehicles throughout the day and night interrupts his and his family’s ability to sleep. g. The accumulation of these concerns and the resulting stress led the tenant to conclude that the area is unsafe for a young family and that they needed to move. h. The tenant is currently paying rent on another property and cannot afford to continue paying rent on this property. The law
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 section 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. The Tribunal will not lightly set aside a fixed term tenancy entered into by mutual agreement between the parties. The burden of proof is on the applicant to establish that the fixed term should be reduced by the Tribunal.
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. e. The weighing of relative hardship is a question of fact to be assessed objectively in each case.
Section 66(2) RTA 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.
To be successful the applicant must first establish that their circumstances have changed during the tenancy. Section 66 RTA does not apply where the circumstances existed at the outset of the tenancy, but were not discovered until after the tenancy commenced. Discussion and decision
While the Tribunal has sympathy with the tenant’s predicament, the Tribunal can only intervene and end a fixed term tenancy if the conditions set out in section 66 RTA apply.
The tenant has not persuaded the Tribunal on the balance of probabilities that the circumstances which led the tenant to move out were not present at the start of the tenancy. There was no evidence before the Tribunal that the safety in the neighbourhood had deteriorated during the tenancy. The tenant’s evidence indicates that the issues in the locality were present at the start of the tenancy, but the tenant only became gradually aware of them and became increasingly concerned for their safety.
As noted above, section 66 RTA does not apply where the circumstances exist at the outset of the tenancy but were only discovered after the tenancy commenced.
On the evidence before the Tribunal, the tenant has not established on the balance of probabilities that there has been a change of circumstances as required under section 66 RTA. It is not therefore necessary to consider and weigh the tenant’s and the landlord’s hardships.
The tenant’s application must be dismissed.

Order

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing by telephone.
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 July 2025.
The tenant discussed with the landlord ending the fixed term tenancy on 6 December 2024. The landlord explained that it would agree to ending the fixed term once a new tenancy had started and subject to the tenant paying the reletting fee.
The tenant saw the landlord’s advertisement for the property on Trademe which advised that the property was available from 10 January 2025. The tenant assumed that this meant that the landlord had agreed to release the tenant from the fixed term tenancy from that date. The tenant found a new property and moved out on 4 January 2025.
The landlord confirmed and the tenant accepted that there was no communication between the parties in which the landlord accepted that it had agreed to end the fixed term tenancy on 10 January 2025. The tenant’s evidence
The tenant gave the following evidence in support of their application: a. The neighbourhood generally and the road at the front of the property was unsafe and dangerous for the tenant and their two young children. b. The road has the usual residential area 50 km/h speed limit. This is regularly ignored and cars and motorcycles speed down it daily at speeds estimated by the tenant as exceeding 100 km/h. c. On one occasion the tenant estimates that the speed must have exceeded 160 km/h. On another occasion a motorbike lost control and came close to hitting one of the tenants returning to the property. d. The tenant is concerned that it is unsafe for their young children to play at the front of the property for fear of a vehicle crashing and coming into the property. e. The neighbourhood includes emergency housing and people in conflict with the law. The police are in the neighbourhood every day. There have been three police callouts during the tenancy, including one Armed Offenders’ Squad callout which concluded with armed police catching their suspect close to the property. f. The tenant works shifts and regularly needs to sleep during the day. The noise from the street of high-speed vehicles throughout the day and night interrupts his and his family’s ability to sleep. g. The accumulation of these concerns and the resulting stress led the tenant to conclude that the area is unsafe for a young family and that they needed to move. h. The tenant is currently paying rent on another property and cannot afford to continue paying rent on this property. The law
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 section 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. The Tribunal will not lightly set aside a fixed term tenancy entered into by mutual agreement between the parties. The burden of proof is on the applicant to establish that the fixed term should be reduced by the Tribunal.
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. e. The weighing of relative hardship is a question of fact to be assessed objectively in each case.
Section 66(2) RTA 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.
To be successful the applicant must first establish that their circumstances have changed during the tenancy. Section 66 RTA does not apply where the circumstances existed at the outset of the tenancy, but were not discovered until after the tenancy commenced. Discussion and decision
While the Tribunal has sympathy with the tenant’s predicament, the Tribunal can only intervene and end a fixed term tenancy if the conditions set out in section 66 RTA apply.
The tenant has not persuaded the Tribunal on the balance of probabilities that the circumstances which led the tenant to move out were not present at the start of the tenancy. There was no evidence before the Tribunal that the safety in the neighbourhood had deteriorated during the tenancy. The tenant’s evidence indicates that the issues in the locality were present at the start of the tenancy, but the tenant only became gradually aware of them and became increasingly concerned for their safety.
As noted above, section 66 RTA does not apply where the circumstances exist at the outset of the tenancy but were only discovered after the tenancy commenced.
On the evidence before the Tribunal, the tenant has not established on the balance of probabilities that there has been a change of circumstances as required under section 66 RTA. It is not therefore necessary to consider and weigh the tenant’s and the landlord’s hardships.
The tenant’s application must be dismissed.

Tenancy Tribunal case 5145372 — Tenancy dispute at 93A Sandspit Road, Waiuku, Waiuku 2123

At a glance

Claims & awards

Tenancy Tribunal case 5145372 — Tenancy dispute at 93A Sandspit Road, Waiuku, Waiuku 2123

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