What was the outcome of Tenancy Tribunal case 5163872?

The tribunal order states: Joanne Kennedy and Dquan Kennedy must pay Home Rental Services Limited

How much money was awarded in case 5163872?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Rent Arrears: $5,437.14 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5163872?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5163872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745804-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5163872?

The tribunal order states: Joanne Kennedy and Dquan Kennedy must pay Home Rental Services Limited

How much money was awarded in case 5163872?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Rent Arrears: $5,437.14 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5163872?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5163872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745804-Tenancy_Tribunal_Order.pdf.

18 Douglas Street, Okitu, Gisborne 4010 Tenancy Tribunal Case 5163872 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5163872 — net $2,774.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,437.14	Rent arrears
Lawns and Garden work	$70.00	Lawns and Garden work
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,774.14
Total payable by Tenant to Landlord	$2,774.14

Both parties attended the video hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant made applied to have the term of the fixed term tenancy reduced.

How much is owed for rent?

This was a fixed term tenancy due to end on 20 January 2025. On 9 November 2004 the tenant wrote to the landlord seeking to end the fixed term tenancy early. The landlord was only prepared to end the fixed term tenancy on the basis that a new tenant could be found and that the existing tenant would remain liable for all tenancy obligations through until that time. A new tenant was found and the new tenancy commenced on 23 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $5,437.14.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices were provided for the rubbish removal and lawns. The tenant accepted that these were reasonable.

The amounts ordered are proved. Fixed term

The tenant has applied for reduction of the fixed-term tenancy due to end on 20 January 2025.

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.

The tenant said that she had become ill and as a result could not work. This meant that she was unable to pay the rent.

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 limited evidence provided by the parties is such that I am unable to say that the extreme hardship to the tenant, if I do not reduce the fixed term, will be greater than the hardship to the landlord, if I do reduce the fixed term. I record that even if this had been a periodic tenancy, the tenant would have been required to give a minimum of 28 days’ notice to terminate the tenancy. The application to reduce the fixed term tenancy is accordingly dismissed.

As Home Rental Services Limited Acting Agent For Jason Green has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5163872 — net $2,774.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,437.14	Rent arrears
Lawns and Garden work	$70.00	Lawns and Garden work
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,774.14
Total payable by Tenant to Landlord	$2,774.14

Order

Joanne Kennedy and Dquan Kennedy must pay Home Rental Services Limited Acting Agent For Jason Green $2,774.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,960.00 (5251379-018) to Home Rental Services Limited Acting Agent For Jason Green immediately.

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant made applied to have the term of the fixed term tenancy reduced.

How much is owed for rent?

This was a fixed term tenancy due to end on 20 January 2025. On 9 November 2004 the tenant wrote to the landlord seeking to end the fixed term tenancy early. The landlord was only prepared to end the fixed term tenancy on the basis that a new tenant could be found and that the existing tenant would remain liable for all tenancy obligations through until that time. A new tenant was found and the new tenancy commenced on 23 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $5,437.14.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices were provided for the rubbish removal and lawns. The tenant accepted that these were reasonable.
The amounts ordered are proved. Fixed term
The tenant has applied for reduction of the fixed-term tenancy due to end on 20 January 2025.
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.
The tenant said that she had become ill and as a result could not work. This meant that she was unable to pay the rent.
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 limited evidence provided by the parties is such that I am unable to say that the extreme hardship to the tenant, if I do not reduce the fixed term, will be greater than the hardship to the landlord, if I do reduce the fixed term. I record that even if this had been a periodic tenancy, the tenant would have been required to give a minimum of 28 days’ notice to terminate the tenancy. The application to reduce the fixed term tenancy is accordingly dismissed.
As Home Rental Services Limited Acting Agent For Jason Green has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.

Tenancy Tribunal case 5163872 — Rent arrears at 18 Douglas Street, Okitu, Gisborne 4010

At a glance

Tenancy Tribunal case 5163872 — Rent arrears at 18 Douglas Street, Okitu, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions