About Good Returns  |  Advertise  |  Contact Us  |  Terms & Conditions  |  RSS Feeds Other Sites:   tmmonline.nz  |   landlords.co.nz
Last Article Uploaded: Sunday, November 17th, 2:29PM
rss
Latest Headlines

Relationship break-up not cause to end tenancy, tribunal says

A tenant whose relationship broke up, leaving her struggling to pay the rent, should have seen the risk inherent in taking out a fixed-term tenancy, the Tenancy Tribunal has ruled.

Friday, August 23rd 2019, 12:42PM

Grace Little and James Fisher went to the tribunal seeking to terminate their tenancy and reduce their fixed-term tenancy on a property in St Albans, Christchurch, rented from Lotus Property Management.

The tribunal heard that Little and Fisher had broken up and it was traumatic and unexpected.

Fisher was on a holiday visa at the start of the tenancy and was in the process of applying for a work visa.

After the tenancy began, he applied for a partnership visa but the pair separated before that was granted.

He could not work during the tenancy and was supported by his family. Little was self-employed with irregular income and could not afford to pay the rent on her own.

Tenancy adjudicator R Armstrong said, while Little had no reason to think her relationship would end during the fixed-term tenancy, there was a risk of that in any relationship.

“Fisher’s immigration status and his inability to work in New Zealand, made their situation more precarious. In those circumstances, there was an obvious risk inherent in taking on the commitment of a fixed-term tenancy.

“In my view, this is not the type of situation where the Tribunal should intervene to end the tenancy early under section 66 of the Residential Tenancies Act 1986 (the Act). The events that caused the breakup were not foreseen but difficulties with payment of the rent were readily foreseeable.”

But the tenants had also served a breach notice on the landlord, requiring it to carry out repairs to windows and doors in the premises, which proved to be another way out of the fixed-term, which had been meant to end in February next year.

Little said the house was draughty, damp and cold.

The landlord had taken no steps to comply with the notice.

Armstrong amended the tenancy application to include a claim for termination of the tenancy on the grounds the breach notice had not been complied with.

The landlord did not appear at the hearing.

“I am satisfied that the landlord has breached their obligations by failing to provide and maintain the premises in a reasonable state of repair," Armstrong said.

“The tenant served a 14-day notice on the landlord on June 4, 2019, and the landlord did not remedy the breach within the required period.

“It would be inequitable to refuse to terminate the tenancy because the breach is serious and has had a substantial adverse effect on the tenant. The premises are difficult and very expensive to keep warm and dry. I have therefore terminated the tenancy and returned possession of the premises to the landlord.”

« New privacy guidelines welcomedThe staggered rise of big city rents »

Special Offers

Comments from our readers

No comments yet

Sign In to add your comment

 

print

Printable version  

print

Email to a friend
News Bites
Latest Comments
  • When is a client really a client?
    “In a previous reply I responded to the concept of payment as a trigger. I actually agree it’s not. While we don’t often...”
    6 hours ago by regant
  • When is a client really a client?
    “Tash are you being deliberately obtuse? I didnt say you have to keep sending/giving disclosure every year, I said you have...”
    7 hours ago by regant
  • FMA fesses up to website breach and apologises
    “@LNF I was specifically speaking to the word not the mandatory. So not misunderstanding, more a crack at the culture that...”
    1 day ago by JPHale
  • When is a client really a client?
    “@tash, as insane as it sounds, yes. The mishmash of rules around this basically say you both need to keep records of who...”
    1 day ago by JPHale
  • When is a client really a client?
    “wow ..... looks like advisers have to watch out for booby traps. do clients need to have any responsibilities? who do...”
    2 days ago by w k
Subscribe Now

Mortgage Rates Newsletter

Daily Weekly

Previous News

MORE NEWS»

Most Commented On
Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
ANZ 5.19 4.05 3.95 4.49
ANZ Special - 3.55 3.45 3.99
ASB Bank 5.20 4.05 3.95 4.39
ASB Bank Special - 3.55 3.45 3.89
BNZ - Classic - 3.55 3.45 3.99
BNZ - Mortgage One 5.90 - - -
BNZ - Rapid Repay 5.35 - - -
BNZ - Std, FlyBuys 5.30 4.45 4.35 4.55
BNZ - TotalMoney 5.30 - - -
China Construction Bank 5.50 4.70 4.80 4.95
China Construction Bank Special - 3.19 3.19 3.19
Lender Flt 1yr 2yr 3yr
Credit Union Auckland 5.95 - - -
Credit Union Baywide 6.15 4.95 4.95 -
Credit Union North 6.45 - - -
Credit Union South 6.45 - - -
Finance Direct - - - -
First Credit Union 5.85 3.99 4.49 -
Heartland 6.70 7.00 7.25 7.85
Heartland Bank - Online - - - -
Heretaunga Building Society 5.75 4.80 4.95 -
HSBC Premier 5.24 3.35 3.35 3.35
HSBC Premier LVR > 80% - - - -
Lender Flt 1yr 2yr 3yr
HSBC Special - - - -
ICBC 5.15 3.18 3.18 3.20
Kainga Ora 5.18 4.04 3.95 4.39
Kiwibank 5.80 ▼4.14 ▲4.30 4.64
Kiwibank - Capped - - - -
Kiwibank - Offset 5.15 - - -
Kiwibank Special - ▼3.39 ▲3.55 3.89
Liberty 5.69 - - -
Napier Building Society - - - -
Nelson Building Society 5.70 4.25 4.15 -
Pepper Money Near Prime 5.64 - 5.44 5.44
Lender Flt 1yr 2yr 3yr
Pepper Money Prime 5.18 - 4.98 4.98
Pepper Money Specialist 7.59 - 7.39 7.39
Resimac 4.50 4.86 3.89 3.94
RESIMAC Special - - - -
SBS Bank 5.29 4.85 5.05 5.49
SBS Bank Special - ▼3.55 3.39 3.89
Sovereign 5.30 4.15 4.29 4.55
Sovereign Special - 3.65 3.75 4.05
The Co-operative Bank - Owner Occ 5.15 3.49 3.59 3.89
The Co-operative Bank - Standard 5.15 3.99 4.09 4.39
TSB Bank 6.09 4.35 4.25 4.69
Lender Flt 1yr 2yr 3yr
TSB Special 5.29 3.55 3.45 3.89
Wairarapa Building Society 5.70 4.85 4.99 -
Westpac 5.34 4.15 4.09 4.49
Westpac - Offset 5.34 - - -
Westpac Special - 3.55 3.45 3.99
Median 5.34 4.04 4.09 4.39

Last updated: 15 November 2019 4:16pm

News Quiz

The maximum remuneration model for Australian life insurance advisers is to be set at what?

Upfront 40% + trail 20%

Upfront 50% + trail 10%

Upfront 50% + trail 20%

Upfront 60% + trail 10%

Upfront 60% + trail 20%

MORE QUIZZES »

About Us  |  Advertise  |  Contact Us  |  Terms & Conditions  |  Privacy Policy  |  RSS Feeds  |  Letters  |  Archive  |  Toolbox
 
Site by Web Developer and eyelovedesign.com