unforeseen changes
📖 What is unforeseen changes? Meaning and definition
In New Zealand tenancy law, 'unforeseen changes' are a key consideration for tenants who wish to end a fixed-term tenancy early. The Tenancy Tribunal may allow a fixed-term tenancy to be reduced if there has been an unforeseen change in the tenant's circumstances. This means the situation that has arisen must have been genuinely unexpected and not something the tenant could have reasonably predicted when they signed the tenancy agreement.
For the Tenancy Tribunal to consider reducing a fixed term due to unforeseen changes, the tenant must demonstrate that this change has led to severe hardship if the tenancy continues. Additionally, the hardship experienced by the tenant must be greater than any hardship the landlord would face if the tenancy term is reduced. This involves a careful balancing act by the Tribunal, weighing the impact on both parties.
Examples of circumstances that have been considered unforeseen include a tenant cancelling their course of study due to personal reasons and needing to return to their home country immediately. However, issues with the condition of the premises, such as maintenance problems or concerns about healthy homes standards, may not be considered unforeseen changes if the landlord was not given an opportunity to address them, or if they were present at the start of the tenancy. The Tribunal assesses each case individually to determine if the change was truly unforeseen and meets the criteria for reducing a fixed term.
📋 Requirements
- There has been an unforeseen change in the applicant’s circumstances.
- There would be severe hardship to the applicant if the fixed term is not reduced.
- The applicant’s hardship would be greater than the hardship to the other party if the fixed term is reduced.
📝 Procedure
- The tenant applies to the Tenancy Tribunal for a reduction of the fixed term tenancy.
- The tenant provides evidence of the unforeseen change in their circumstances.
- The tenant demonstrates that severe hardship would occur if the tenancy is not reduced.
- The Tenancy Tribunal assesses the hardship to both the tenant and the landlord.
💡 Examples
- A student tenant had to cancel their course of study due to personal reasons and needed to return to their home country, leading to an unforeseen change in circumstances.
- A tenant claimed an unforeseen change due to issues with the premises' condition, like cleaning needs or vermin, which they believed caused illness, but had not given the landlord a chance to fix them.
- Tenants applied for a reduction of their fixed term due to concerns about the property's condition impacting their health and their pet's health, arguing this was an unforeseen change.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of changes are considered 'unforeseen'?
An unforeseen change is an unexpected event that you couldn't have predicted when you signed your fixed-term tenancy agreement. For example, a sudden need to leave the country due to personal reasons, as seen in one case where a student cancelled their studies.
Can I end my fixed-term tenancy early if I find a better place to live?
The case excerpts do not specifically address finding a better place to live. The focus for reducing a fixed term is on unforeseen changes in your circumstances that cause severe hardship, not simply a desire for a different property.
If there are maintenance issues with my rental, is that an unforeseen change?
Not necessarily. If you didn't give your landlord an opportunity to address the concerns, or if the issues were present when you moved in, the Tenancy Tribunal might not consider them unforeseen changes. The Tribunal looks for genuinely unexpected shifts in your personal situation.
What does 'severe hardship' mean in this context?
Severe hardship means that continuing the tenancy would cause you significant difficulty or suffering. The Tenancy Tribunal will weigh your hardship against any hardship the landlord would face if the tenancy is reduced.
Do I need to prove my hardship is greater than the landlord's?
Yes, for the Tenancy Tribunal to reduce a fixed term, you must demonstrate that your hardship would be greater than any hardship the landlord would experience if the tenancy term is shortened. This is a crucial part of the Tribunal's assessment.