What was the outcome of Tenancy Tribunal case 5179111?

The tribunal order states: The term of the fixed-term tenancy of Xiaofang Zhang at Unit/Flat 1411, 72

How much money was awarded in case 5179111?

Rent Arrears: $3,375.00 awarded to landlord

What type of tenancy dispute was case 5179111?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5179111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11705841-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5179111?

The tribunal order states: The term of the fixed-term tenancy of Xiaofang Zhang at Unit/Flat 1411, 72

How much money was awarded in case 5179111?

Rent Arrears: $3,375.00 awarded to landlord

What type of tenancy dispute was case 5179111?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5179111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11705841-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1411, 72 Nelson Street, Auckland Central, Tenancy Tribunal Case 5179111 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5179111 — net $3,375.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 April 2025	$3,375.00	Rent arrears to 11 April 2025
Net award	$3,375.00
Total payable by Tenant to Landlord	$3,375.00

The term of the fixed-term tenancy of Xiaofang Zhang at Unit/Flat 1411, 72 Nelson Street, Auckland Central, Auckland 1010, Zest is reduced and now ends at 5pm on 25 April 2025.

Xiaofang Zhang must pay Impression Real Estate Limited As Agent For Hmms Trust $3,375.00 immediately, as set out in table below.

Reasons

Both parties attended the hearing.

The tenant has applied for reduction of the fixed-term tenancy due to end on 2 August 2025. The tenant wishes for the tenancy to end a week from today, ie., on 18 April 2025.

The landlord is prepared to reduce the term of the tenancy to 2 May 2025 on condition that a breakfee of $300.00 is paid. The fee would be for the landlord to readvertise the premises and associated administration fees.

Pursuant to section 66(1) Residential Tenancies Act 1986 (‘RTA’), 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.

On the face of it, there has not been an unforeseen change in the tenant's circumstances. The tenant’s evidence is simply that the premises proved to be unsuitable and uninhabitable. The noise levels from downtown construction works were unbearable. The showered leaked when they first moved in and there is a hole in the ceiling from where an extractor fan use to be located. The fridge was not working properly, causing the tenant’s food and milk to go bad within the first few days of the tenant living there.

The landlord has since repaired the fridge and the leak in the shower. I consider that while the repairs had been undertaken with reasonable promptitude, the cumulative effect of the faulty items in the premises discovered at the start of the tenancy and very noisy city living environment had resulted in the tenant wanting to break the lease immediately.

In effect, there has now been an unforeseen change in the tenant's circumstances which rendered their continued residence at the premises unbearable.

I am satisfied that the tenant would suffer severe hardship if the term of the tenancy were not reduced.

The landlord too would suffer hardship if the term is reduced. The landlord would have to readvertise the premises to relet the property. The landlord may not be able to find replacement tenants.

However, I find that the tenant’s hardship would be greater than the landlord’s hardship.

Having regard to substantial merits and justice of the case, I order the reduction of the fixed-term tenancy to 25 April 2025.

Section 85 RTA requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

I consider this timeframe to be fair to both parties and the landlord can now readvertise the premises. The tenant must give reasonable access to the landlord to show the premises to prospective tenants.

Ideally, the landlord should have 3 weeks to readvertise to have a better chance of securing replacement tenants. However, I consider the tenant’s living conditions such that a shortened period of 2 weeks would be fair and reasonable to both parties under the circumstances.

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.

The rent is in arrears presently. The tenant must pay the rent arrears without further delay.

The tenant must also pay rent to the end of the (now reduced) tenancy on 25 April 2025.

The landlord’s claim for a breakfee or reletting fee of $300.00 is to be set-off against the tenant’s stress and inconvenience suffered from the faulty fridge and shower/toilet, and loss of quiet enjoyment while living at the premises. For those reasons, I decline the landlord’s claim for reletting fees.

Only the amounts ordered are proved. The remaining claims by both parties are dismissed.

Claims and awards in Tenancy Tribunal application 5179111 — net $3,375.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 April 2025	$3,375.00	Rent arrears to 11 April 2025
Net award	$3,375.00
Total payable by Tenant to Landlord	$3,375.00

Order

The term of the fixed-term tenancy of Xiaofang Zhang at Unit/Flat 1411, 72 Nelson Street, Auckland Central, Auckland 1010, Zest is reduced and now ends at 5pm on 25 April 2025.
Xiaofang Zhang must pay Impression Real Estate Limited As Agent For Hmms Trust $3,375.00 immediately, as set out in table below.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 2 August 2025. The tenant wishes for the tenancy to end a week from today, ie., on 18 April 2025.
The landlord is prepared to reduce the term of the tenancy to 2 May 2025 on condition that a breakfee of $300.00 is paid. The fee would be for the landlord to readvertise the premises and associated administration fees.
Pursuant to section 66(1) Residential Tenancies Act 1986 (‘RTA’), 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.
On the face of it, there has not been an unforeseen change in the tenant's circumstances. The tenant’s evidence is simply that the premises proved to be unsuitable and uninhabitable. The noise levels from downtown construction works were unbearable. The showered leaked when they first moved in and there is a hole in the ceiling from where an extractor fan use to be located. The fridge was not working properly, causing the tenant’s food and milk to go bad within the first few days of the tenant living there.
The landlord has since repaired the fridge and the leak in the shower. I consider that while the repairs had been undertaken with reasonable promptitude, the cumulative effect of the faulty items in the premises discovered at the start of the tenancy and very noisy city living environment had resulted in the tenant wanting to break the lease immediately.
In effect, there has now been an unforeseen change in the tenant's circumstances which rendered their continued residence at the premises unbearable.
I am satisfied that the tenant would suffer severe hardship if the term of the tenancy were not reduced.
The landlord too would suffer hardship if the term is reduced. The landlord would have to readvertise the premises to relet the property. The landlord may not be able to find replacement tenants.
However, I find that the tenant’s hardship would be greater than the landlord’s hardship.
Having regard to substantial merits and justice of the case, I order the reduction of the fixed-term tenancy to 25 April 2025.
Section 85 RTA requires the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
I consider this timeframe to be fair to both parties and the landlord can now readvertise the premises. The tenant must give reasonable access to the landlord to show the premises to prospective tenants.
Ideally, the landlord should have 3 weeks to readvertise to have a better chance of securing replacement tenants. However, I consider the tenant’s living conditions such that a shortened period of 2 weeks would be fair and reasonable to both parties under the circumstances.
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.
The rent is in arrears presently. The tenant must pay the rent arrears without further delay.
The tenant must also pay rent to the end of the (now reduced) tenancy on 25 April 2025.
The landlord’s claim for a breakfee or reletting fee of $300.00 is to be set-off against the tenant’s stress and inconvenience suffered from the faulty fridge and shower/toilet, and loss of quiet enjoyment while living at the premises. For those reasons, I decline the landlord’s claim for reletting fees.
Only the amounts ordered are proved. The remaining claims by both parties are dismissed.

Tenancy Tribunal case 5179111 — Rent arrears at Unit/Flat 1411, 72 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 5179111 — Rent arrears at Unit/Flat 1411, 72 Nelson Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions