What was Tenancy Tribunal case 5139131 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5139131?

Rent Arrears: $2,085.00 awarded to landlord; Two Weeks Rent From 21 February 2025…: $1,390.00 awarded to landlord

What type of tenancy dispute was case 5139131?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5139131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11407414-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5139131 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5139131?

Rent Arrears: $2,085.00 awarded to landlord; Two Weeks Rent From 21 February 2025…: $1,390.00 awarded to landlord

What type of tenancy dispute was case 5139131?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5139131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11407414-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5139131 — Rent arrears

Claims and awards in Tenancy Tribunal application 5139131 — net $3,475.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to 21 February 2025	$2,085.00	Rent arrears and rent to 21 February 2025
Two weeks rent from 21 February 2025, or to the commencement of a new tenancy if earlier	$1,390.00	Two weeks rent from 21 February 2025, or to the commencement of a new tenancy if earlier
Net award	$3,475.00
Total payable by Tenant to Landlord	$3,475.00

Claims and awards in Tenancy Tribunal application 5139131 — net $3,475.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to 21 February 2025	$2,085.00	Rent arrears and rent to 21 February 2025
Two weeks rent from 21 February 2025, or to the commencement of a new tenancy if earlier	$1,390.00	Two weeks rent from 21 February 2025, or to the commencement of a new tenancy if earlier
Net award	$3,475.00
Total payable by Tenant to Landlord	$3,475.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s and landlord’s name and identifying details.
The fixed term tenancy is reduced and will end on midnight 21 February 2025.
The tenant must pay the landlord the current rent arrears of $695.00 and rent up to 21 February 2025 of $1,390.00, totalling $2,085.00.
The tenant must also pay the landlord compensation the equivalent of two weeks rent ($1,390.00). However, if the landlord enters into another agreement within two weeks of the end of the tenancy, the tenant will only be liable for rent up to that date.
The tenant is also liable for reasonable costs associated with re letting the property. This will be in addition to the award in this decision. If the parties are unable to agree on any re letting costs, they should advise the Registrar, and the matter will be referred to me.
The tenants claim for compensation is declined.

Reasons

[ Redacted Property managers] appeared for the landlord. The tenants appeared.
The tenancy commenced on 10 August 2024 and is for a fixed term expiring on 10 August 2025. On 22 January 2025, the tenant made an application seeking to reduce the fixed term and end the tenancy under section 66(1) of the Residential Tenancies Act 1986 (The “Act”). The tenant also seeks compensation of $1,500.00.
The property is a newly built three-bedroom, two-bathroom townhouse. The tenants are the first occupants. The property is one of five similar townhouses in a row, with the tenant’s property located at one end. The property consists of two stories. On the ground floor, there are two bedrooms, a bathroom, and the laundry. On the first floor there is the kitchen, dining / lounge area, another bedroom, and a bathroom.
The tenants are a couple with three children: two boys aged [ redacted], and a daughter aged [ redacted]. The two youngest children sleep in one of the ground floor bedrooms. The female tenant shares the bedroom on the first floor with the eldest child. The male tenant works night shifts, and sleeps in the other bedroom on the ground floor. The area is a sought-after location with good schools within easy walking distance, which all three children attend. The eldest child is in their [redacted] of [ redacted] school.
The tenant states that on 18 December 2024, they discovered a wet patch on the carpet in the ground floor room used by the two boys. They advised the landlord, who sent a plumber on 24 December 2024. No leaks were detected. The tenant states the wet patch then disappeared, but then reappeared without apparent cause, this time larger than before, spreading through the carpet and underneath nearby furniture.
On 05 January 2024, the tenant states they noticed a line of water splashed on the floor. The tenant states that the children had been instructed not to play downstairs and denied responsibility. They state the water disappeared. As per the plumber’s instructions, the tenant continued to monitor the area. On 13 January 2025 and again on 14 January 2025, the tenant noticed another water splash close to where the previous one had appeared.
On 14 January 2025, the tenant claims that they were called into the room by their son and had witnessed a water splash appearing before their eyes without apparent cause.
Since no obvious explanation could be found, the tenant formed the view that the occurrence must be due to unexplained phenomena. The tenant further states that, since moving in, they had sensed a strange presence, found objects that had been moved, and had heard unexplained noises late at night. The tenant states that as a result the family has become frightened and from early this year began sleeping upstairs, only going downstairs to retrieve items when necessary.
The tenant states that the last time they went into the children’s room was on 01 February 2025 to retrieve school uniforms. They did not notice any water on the floor. The tenant states that apart from the laundry they have not used the downstairs rooms.
The tenant has produced videos showing the carpet pulled back, revealing what appears to be a water splash in a straight line about one metre in length. The tenant set up a CCTV camera downstairs to monitor the room, placing it just outside the door. A clip from 14 January 2025, shows one of the boys calling both tenants into the room. The tenant’s and the child then appear to be looking at something on the ground inside the room.
The tenant states that the children, in particular, have become afraid and reluctant to remain at the property. As they are not using the downstairs area, the tenant has decided to pay half the rent for the past fortnight.
The landlord states that since 18 December 2024 there have been four plumber’s visits, but no leaks have been detected. The plumber has reported on each occasion that no water was found on the floor. The toilet was removed, and the plumbing checked using a CCTV camera. The landlord states there are no obvious pipes nearby.
The landlord states further investigation could be conducted, but it would involve drilling holes in the concrete floor, which would be expensive and, on the evidence, does not seem warranted.
The landlord states during one visit the plumber had witnessed children using water guns downstairs. The landlord states that they have offered to have the property blessed, but this offer was declined.
The landlord states that, in principle, they have agreed to end the tenancy on the terms set out in the agreement. These are standard terms, under which the tenant remains liable for rent until a new tenancy is entered into, and for reasonable costs associated with reletting. However, the parties have been unable to agree the specific terms.
The landlord conducted an inspection on 24 January 2025 and could find no evidence of water leakage or water on the floor. The landlord has produced photographs showing the floor in the bedroom concerned, with the carpet rolled back. There are visible stains on the concrete floor. The landlord states these are construction stains rather than water marks. Having viewed the photographs, the markings appear consistent with the landlord’s description.
The tenant states that the children ceased playing downstairs from around 05 January 2025, and that no one had been downstairs between 13 January 2025 and 14 January 2025. On that basis water guns could not have caused the water splash observed on 14 January 2025. Law
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in section 66 of the Act, which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: i. there has been a change in their circumstances, ii. the change was unforeseen, iii. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced, iv. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.
The Tribunal has held that it cannot reduce the term of a fixed-term tenancy on the application of one of several co-tenants (Derbyshire v Mark & Maggies Property Company Ltd Wellington [2013] NZTT 1477WN).
The weighing of relative hardship is a question of fact to be assessed objectively in each case. Decision
There is no basis on which to award compensation against the landlord. Under section 45(1)(b) of the Act a landlord must provide and maintain the property in a reasonable condition. The landlord’s obligation is to investigate and repair any defect brought to their attention within a period which is reasonable in the circumstances. As to what that period is, depends on the gravity of the problem but also on the objective attempts made by the landlord to investigate, and put right whatever the problem might be.
Based on the evidence, I am not satisfied that the landlord has failed to meet their obligations, they have acted appropriately, investigated the matter, and there is no basis under the provisions of the Act to make an award against them.
As stated, the tenant’s children attend nearby schools within easy walking distance of the property. There is not an overabundance of similarly suitable rental properties in the area. I do not consider this an attempt by the tenant to end the tenancy on spurious grounds. The rent is not unreasonable for the property. Ending the tenancy will cause significant inconvenience for the tenant and their family. The landlord accepts this to be the case. The landlord considers the tenants to have been good tenants and would like to offer alternative accommodation in the area but has none available that is suitable.
Either there is a physical explanation for the presence of the water, which I consider highly likely, or it is a figment of the tenant’s imagination. Having heard and witnessed the tenants give evidence they appear however to genuinely believe that the presence of the water is the result of an unexplained phenomena.
As stated, each case will be assessed on its facts. While there is insufficient evidence to establish that the presence of water on the floor is the result of unexplained phenomena, the matter remains unresolved pending further investigation. This uncertainty is causing the tenant and their family anxiety. I find that there has been an unforeseen change in the tenant’s circumstances.
The landlord states the owner has a mortgage and that they believe this to be their first investment property. The landlord states that the uncertainty surrounding the outcome is causing the owner some anxiety.
The tenancy is reduced and will end on midnight 21 February 2025.
There is no basis to reduce the current rent.
The tenant must pay the landlord the current rent arrears of $695.00 and rent up to the end of the tenancy on 21 February 2025 of $1,390.00 totalling $2,085.00.
The landlord is not in breach of their obligations under the Act. I am satisfied that compensation should be awarded to the landlord for loss arising between tenancies. In addition, to the rent and rent arrears, the tenant must also pay compensation equivalent to two weeks rent ($1,390.00).
However, if the landlord enters into another agreement within two weeks of the end of the tenancy on 21 February 2025, the tenant will only be liable for rent to that date.
The tenant is also liable for reasonable costs associated with re-letting the property. This will be in addition to the award made in this decision. If the parties are unable to agree on the amount of any costs associated with re letting, they should advise the Registrar, and the matter will be referred to me. Name suppression.
Both parties seek name suppression
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While I am satisfied that the facts and reasoning of this decision are in the public interest, I am not satisfied that this interest necessarily extends to the name of the parties and the address of the property. Upon careful consideration, I am satisfied that there are sufficient grounds to depart from the principle of open justice and exercise the discretion in section 95A (4).

Tenancy Tribunal case 5139131 — Rent arrears

At a glance

Tenancy Tribunal case 5139131 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions