Sick landlord fails in bid to move back into his home
A landlord has failed in his bid to move back into his home.
Photo:
123RF
A landlord who says he's currently living in a garage has had his attempt to reduce a fixed-term tenancy on his home rejected by the Tenancy Tribunal.
Graham Mark Shieff went to the Tenancy Tribunal seeking to reduce the term of the tenancy.
Last August, he advised his tenant that he needed to sell the property because he was moving to Australia.
The tenant, who has two children with her full-time and others who stay on weekends, found this a stressful experience because she helped with open homes and presenting the property for sale.
Shieff was able to find a buyer but he then had health problems and needed two surgeries. He had to pull out the sale.
He was not able to move to Australia and told the tribunal he needed to move back into the rented home, which is where he used to live.
He told the tribunal he was living in a garage that was not suitable for his medical needs.
Tribunal adjudicator D Watson said the tenant had been looking for somewhere to move to but had not found anything yet. She had expected to be able to stay in the premises until 24 June.
Watson said the usual legal position with a fixed-term contract was that the term would be applied strictly.
"There is a high threshold to be met before the tribunal will reduce the term. The landlord will need to establish that there has been a change in circumstances, the change was unforeseen, the unforeseen change will result in severe hardship if the tenancy is not reduced and the hardship exceeds that of the other party if the term is reduced."
Watson said there was clearly an unforeseen change in the landlord's circumstances.
"His medical needs have changed unexpectedly since the commencement of the tenancy and he provided evidence corroborating his medical conditions."
But Watson said it was not clear that the change would result in severe hardship if the tenancy was not reduced.
"The landlord says he is living in a garage, and that this is not suitable for his medical needs, however, the medical evidence he provided did not comment on his living conditions. He has yet to have the appointment that may or may not lead to further surgery. I am not satisfied that the landlord has proven there will be severe hardship if the tenancy is not reduced."
It was also not clear that the landlord's hardship if the term was not reduced was greater than the tenant's if it was.
Watson said the hardships were equally matched. The tenant had children to manage and she had signed a fixed-term agreement,
She had already co-operated with the process of trying to sell the property, two months after the tenancy began.
"Both parties are suffering hardship whether the fixed term is reduced or not. They are equally balanced and as such, I am not satisfied that the landlord's hardship outweighs that of the tenant."
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