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NZ Herald
3 days ago
- NZ Herald
Herne Bay landlord pays tenant $58,000 to end fixed-term tenancy early
She claimed she had been 'under duress and extortion' when she executed a deed with Ellis in April 2025. The terms of the deed outlined that the fixed-term tenancy would end on May 23, 2025, instead of November 18, 2025, as was set out under the tenancy agreement signed in October 2024. The three-bedroom, two-bathroom, harbour views apartment in Auckland's Herne Bay is currently on the market with an asking price of $4,750,000. In the decision, adjudicator Jack Tam said it appeared the landlord was 'feeling some form of 'buyer's remorse' after entering into the deed'. He rejected the landlord's assertion that she was under 'economic duress' when she accepted the tenant's offer of $58,000 to mutually terminate the fixed-term tenancy. 'It is not for the tribunal or any court to reopen agreements reached voluntarily between the parties,' Tam said. 'The tenant has duly vacated the premises on May 13, 2025, and kept to his part of the bargain. The landlord has also since paid the full $58,000 as consideration as set out under the deed.' The adjudicator referred to section 11 (2) of the Residential Tenancies Act, saying 'there is nothing untoward with the tenant having negotiated a hugely favourable sum ... for his early surrender of the fixed term tenancy, because the act permits a landlord to incur more extensive obligations'. The hearing in the Tenancy Tribunal was initiated by the landlord, who applied for compensation and a refund of the bond following the end of the fixed-term tenancy. She sought compensation for cleaning costs of $3165 for carpet cleaning, professional cleaning, windows, and balustrade cleaning. But the adjudicator said that apart from invoices from cleaners, no other independent evidence was adduced by the landlord. 'There was no property condition report at the end of the tenancy,' Tam said in his decision, adding there were also no photos that showed the state of the property at the end of the tenancy. The onus was on the landlord to prove that the premises had not been left reasonably clean and tidy at the end of the tenancy. 'Mere tendering of cleaning invoices is insufficient,' he said. However, Ellis accepted responsibility for some of the cleaning costs. 'The tenant voluntarily accepts liability for $1000 of the cleaning costs, and only $1000,' the decision said. The landlord also sought compensation by way of a partial refund of the $58,000, but the adjudicator dismissed that claim in its entirety. Both parties to the dispute were identified in the publicly available decision because no suppression was ordered by the tribunal. Anderson told NZME she did not wish to comment. Ellis said: 'I don't want my name used, but Open Justice have chosen to use it despite this'. Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.
Daily Record
3 days ago
- Daily Record
I have one Hibs concern against Partizan and they need fans to help break two decade Euro hoodoo
Tam has called on punters to recreate AEK Athens atmosphere as he warns the Grave Diggers aren't dead after first leg Belgrade was a job well done for Hibs last week. But if Sunday's result against Kilmarnock proves anything, it's that it is still far from job done against Partizan. All it took was one moment of sloppiness from Rocky Bashiri and a win Hibs thought they had wrapped up soon slipped through their fingers. That's why it's so crucial David Gray's side get off to a fast start and maintain their focus from the first minute until the last this time out against the Serbs. Goals change games and at the weekend, Liam Polworth's strike right on the stroke of half-time did more than just that. It altered the atmosphere and introduced a sense of nerves and tension that hadn't been felt at any point until before Killie pulled one back. When Hibs came out for the restart, you could feel the mood had changed along with the momentum and it was no surprise to see Stuart Kettlewell's men feed on the anxiety levels spreading through the home support and use it as fuel for the second-half push that earned them a 2-2 draw. That's why I believe the crowd at Easter Road tomorrow night have just as big a role to play as the team Gray selects. If they can crank the volume levels and inspire the team to come flying out of the traps, there is a good chance that an early goal will kill the tie. But Hibs have to be prepared to face a better Partizan side than the one we saw last week. The Grave Diggers certainly aren't dead and buried yet and will be hoping for better luck than they enjoyed in Belgrade. I felt they were unlucky with a couple of early chances and obviously having the sending off didn't help their cause. They've demonstrated their attacking threat already this season, sticking six goals on Oleksandria in the last round of the Conference League qualifiers before scudding Sunday's domestic opponent 7-2. So Hibs have to be wary of a side who will be out to show a better reflection of themselves in Leith. But I also believe Gray's team can climb a level or two higher themselves with the backing of Easter Road. For me, this is the biggest game the club has had in Europe since that famous evening against AEK Athens almost a quarter of a century ago. I played that night and while we got a 3-2 win on the day, it wasn't enough to see us past the Greek giants over two legs. However, that game remains the best atmosphere I ever experienced and I'd love to see a repeat tomorrow night. The scenario was different obviously after we lost the first game 2-0 in Greece but the noise generated by the fans that night in Edinburgh very nearly left AEK in ruins. Unfortunately, we ran out of steam in extra-time before losing out on aggregate. I'd just love to see Hibs go one better this week, not least because I think it's been far too long since the club recorded a landmark win in Europe. The club were pioneers for Scotland back in the 1950s when they became the nation's first Euro entrants. So it's sad for me to see the lack of recent success on the continent. It's 20 years since a Hibs side took part in the first round proper of a UEFA competition. They haven't reached the second round of one since 1989. That's not good enough as far as I'm concerned. You can say the same for a lot of Scottish clubs lately but I really see no reason why we shouldn't be setting our sights on the league phase of the Conference League. I've watched clubs like Larne and Shamrock Rovers from Ireland qualify recently so why should that be out of Hibs' reach? There is no doubt the club have underachieved but they now have a huge chance to put it right this week. The only concern is the fatigue factor. I've always said that going Thursday-Sunday is tough for clubs like Hibs, who are not able to carry the size of squads the Old Firm teams enjoy. You saw some of that against Killie as legs definitely wilted in the second half. Dundee United endured something similar as they allowed Hearts to snatch a late win at Tannadice just days after their brave efforts drawing away at Rapid Vienna. But again, that's where the fans can have a huge say in the game against Partizan. Any tiredness in the legs soon disappears when you feel the adrenalin rush that a big Easter Road roar produces. Get through this game against Serbians and it's likely to be Legia Warsaw in the play-offs. That's a winnable tie as far as I'm concerned. But first, Gray's side must finish the job they started in Belgrade.
Scotsman
5 days ago
- Scotsman
Theatre Ronin's Practice of Zen
a Not being fluent in Cantonese, I relied on English subtitles on a TV screen beside the stage for Theatre Ronin's Practice of Zen; but my eye kept being drawn back to the elegance and beauty of the dancers and the sparse sets. Sign up to our daily newsletter Sign up Thank you for signing up! Did you know with a Digital Subscription to Edinburgh News, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... As a result, my notes were equally sparse; what I can tell you is that this production conjures an enchanted setting for a story inspired by a child on a Hong Kong rooftop. As jumbo jets bank steeply for the old Kai Tak airport, almost touching the TV aerials of Kowloon City, the child's imagination takes flight. Advertisement Hide Ad Advertisement Hide Ad Zen is a Buddhist doctrine seeking enlightenment through meditation and by decluttering the mind, and the producers suggest that this clarity transforms the set and performances. Scenes from Theatre Ronin's Practice of Zen I certainly appreciated this starkness and it perhaps even allowed me to meditate, relaxing to enjoy the pure visual and sound imagery of the performance, if not the narrator's entire story. Within Zen is the world of Wuxia (pronounced Whoosha), a Chinese fiction genre combining dance with supernatural martial arts, also portrayed in the feature film Crouching tiger, Hidden Dragon. The child's memories are those of the director/writer Alex Tam, who grew up in Hong Kong. Advertisement Hide Ad Advertisement Hide Ad As the audience take their seats, an old TV shows grainy Wuxia films from the 1970s, but this sequence was too short for the last arrivals to see. These fuel the fantasy on which the child (Tam) embellishes his story, which includes bullying, dreams, flying with birds, love, and in true operatic style, a transgender character. Amid mannered sword fights among screeds of white paper, a wise man arrives to sooth the confusion in the child's mind, at last confirming that love is invincible. A bird of mercy, conveyed touchingly by a folded paper eagle, bestows its Wuxianic blessing on the characters and calm is restored. Advertisement Hide Ad Advertisement Hide Ad Which is what happened to Kowloon when Kai Tak closed in 1988. For sheer sensuality and exquisite dance style this production is a delight. Forget the martial arts; who needs fighting when love can conquer all?
