Tenant's Request to Reduce Fixed-Term Tenancy Due to Oven Issues and Noise Disturbances Dismissed

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[2026] NZTT 5505771

TENANCY TRIBUNAL AT WELLINGTON | TE TARAIPIUNARA RETIHANGA KI TE WHANGANUI-A-TARA

APPLICANT: [redacted]

Tenant

RESPONDENT: [redacted]

Landlord

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. The application is dismissed.

Reasons:

1. Both parties attended the hearing.

2. The background of this issue is:

a. The tenancy began on 14 February 2026, with a fixed term of two years to 14 February 2028. Importantly, for the issue before me, the [NAME] platform was used for messaging between the parties.

b. As I understand that the property is an older villa, which has been divided into three separate tenancies, flat 1 on the lower floor, flat 2 and flat 3 on the upper floor.

c. On moving and it was discovered that the oven was not working. On 18 February 2026, the tenants messaged the landlord regarding the oven, and various other issues including a problem with the downstairs tenant making noise late into the night. The landlord replied on 19 February 2026, arranging to investigate the oven issue and advising that he had spoken to the neighbouring tenant.

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d. After investigations and a brief delay due to sourcing, the oven was replaced on 13 March 2026.

e. On 15 March 2026, the tenants messaged the landlords advising that the replacement oven was not working, the stovetop was not heating, and the oven did not come up to full heat and would not melt cheese.

f. On 8 April 2026, the tenants followed up on the oven issue and advising that the tenants in flat 3 were “still often making a lot of noise at night, they started vacuuming at midnight which you can imagine hard to sleep through”. Some other minor issues were also raised.

g. On 23 April, the tenants followed up again on the oven, issuing a 14 day notice to remedy. The message also advises that the tenants had spoken to the tenants in flat 3, 8 times in the past eight weeks but the issues had persisted. The messaged continues “I cannot sleep at night due to frequent shouting, banging, vacuuming, and arguing going on at random intervals between 11 pm and for a period they are impeding our quiet enjoyment of this property, and have shown no signs that they intend to stop.… Please let me know what you suggest, as I’m not sure what to do in this situation.”

h. This application was filed on 12 May 2026.

i. On 9 June 2026, as a response to receiving the tenants claim documents the landlord emailed the tenants apologising for correspondence being missed and maintenance issues that had not been fixed. With regard to the oven he had offered to visit to inspect the issue and possibly replace the oven. With regard to the issue with the disruptive neighbours he advised that he had issued notices to them and organise to speak to them in person in the next few days.

j. At today’s hearing the landlord explained that there had been a technical issue with the [NAME] platform, which meant that that the tenant had messaged him had not been received. He had not realised this until the application documents were received on 8 June 2026, and would be communicating via email as a result. He also advised that the process of terminating the tenancy for flat 3 by agreement had begun, but he could not provide an end date.

k. The tenants had some misgivings about whether the landlord’s reason for not responding to the issues they raised; the issue with the [NAME] platform was genuine. They referred to a discussion with the noisy tenant in flat three he referred to the landlord knowing of the issues. However, this is hearsay evidence which I am unable to consider. They also referred to the landlord’s email of 9 June 2026 referring to the mice, however this was in the tenants’ filed material. I accept the landlord’s reason for the delay.

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Application

3. The tenant has applied for reduction of the fixed-term tenancy due to end on 14 February 2028.

4. 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) [NAME] Act 1986.

5. The tenants point out that they have in effect been without a functioning stove since the tenancy began, a period of four months. The disruption from the [NAME] means the tenant whose bedroom backs onto flat 3, has not had a period of more than three nights without disrupted sleep due to the [NAME]’s behaviour. There has been an unforeseen change in the tenant's circumstances, and that the circumstances of the tenancy, with facilities for cooking and with an acceptable level of quiet enjoyment, have changed.

6. The tenant says they will suffer severe hardship if the term of the tenancy is not reduced. However, the issues cited by the tenants are better described as breaches of the landlord’s obligations to provide the tenancy in a reasonable state of repair, and to take reasonable steps to protect the tenants right to quiet enjoyment. These are potential breaches for which the [NAME] Act 1986 provides a remedy of compensation or exemplary damages, rather than through termination. Moreover, the breaches and any hardship are readily remedied, and the landlord has taken steps to do so. I make no findings on these potential breaches.

7. The tenant’s application to reduce the tenancy is dismissed. I have considered whether the tenant’s application could be considered for termination under another section where a fixed term tenancy can be terminated such as s59 where the tenancy is uninhabitable. However, these are not made out on the facts.

[NAME] 16 June 2026

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: