What was Tenancy Tribunal case 5165871 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 5165871?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $1,320.00 awarded to landlord

What type of tenancy dispute was case 5165871?

The primary dispute was Lost Rent.

Where can I read the official tribunal order for case 5165871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11996514-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5165871 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 5165871?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $1,320.00 awarded to landlord

What type of tenancy dispute was case 5165871?

The primary dispute was Lost Rent.

Where can I read the official tribunal order for case 5165871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11996514-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5165871 — Lost Rent

Claims and awards in Tenancy Tribunal application 5165871 — net $1,347.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for lost rent	$1,320.00	Compensation for lost rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,347.00
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,347.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,347.00 from the bond.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,347.00 [The tenant/s]: $633.00

Reasons

Both parties attended the hearing held by video conference (the landlord by its representative).
The landlord has applied for compensation for loss caused by the early ending of a fixed term tenancy.
The tenant has submitted evidence explaining why she was unable to continue with the tenancy and seeking a reduction in any compensation awarded due to financial and emotional hardship.

What is the law on fixed term tenancies?

A tenancy for a fixed term is a binding legal contract and, under normal circumstances 1 , cannot be ended by either party giving notice to the other.
The Tenancy Tribunal may make an order to reduce a fixed term tenancy where there has been an unforeseen change in the applicant’s circumstances and severe hardship greater than the other party’s hardship; section 66(1) Residential Tenancies Act 1986 (RTA). The Tribunal may order the tenant to pay the landlord reasonable compensation for any resulting loss; s66(2) RTA.
A landlord and tenant can agree to end a fixed term tenancy early; section 50(1)(d) RTA.
A landlord is entitled to recover from a tenant any expenses reasonably incurred in respect of an assignment or early ending of the tenancy; s44A RTA. Facts
On 9 December 2024, the parties signed a fixed term tenancy agreement relating to these premises for a term starting 6 January 2025 and ending 4 January 2026.
The tenant paid $1,320.00 for two weeks’ rent in advance and a bond of $1,980.00.
The tenant arranged a flexible move-out date from the premises she was then living in to allow herself plenty of time to relocate.
She had moved some items in but not yet stayed in these new premises when she was contacted by the police to be advised that a decision had been made not to proceed with prosecution of a serious assault against her. 1 A fixed term tenancy can be terminated by the giving of notice in the specific circumstances listed in section 50(1) Residential Tenancies Act 1986 which include where premises are unlawful, uninhabitable, a tenant has been charged with assault on a landlord, or a tenant has withdrawn from the tenancy due to proven family violence.
The tenant’s evidence is that this news severely affected her psychologically. Her distress caused physical symptoms and she could not continue her usual activities including employment. Her words were that she “shut down”.
On 23 February 2025, the tenant notified the landlord that she could not move into the premises and asked to be released from the fixed term tenancy.
The landlord confirms that it agreed to the early ending of the tenancy.
It advertised and found new tenants from 28 February 2025.
The tenant has paid the landlord’s advertising costs.
The landlord now seeks compensation of $3,677.14 which is its loss of rent due to the early ending of this fixed term contract. Decision
The tenant has not made a formal application under section 66 RTA for reduction of the fixed term tenancy. She does not need to do so because the landlord has already agreed to end the tenancy.
However, the tenant does seek consideration of her circumstances. I have decided to take the factors in section 66 into account as a helpful guide in making a decision that is fair to both parties.
The starting point is that a contract is binding, and the tenant acknowledges this. It is not something she takes lightly.
Section 66 RTA allows relief from a fixed term contract where there has been an unforeseen change in circumstances.
I accept the tenant’s evidence that the decision by the police not to proceed with prosecution of her assailant was unforeseen and that it had an unforeseen and serious impact on her. She supplied supporting evidence from a medical professional.
The landlord’s representative confirmed that she had also spoken to one of the tenant’s therapeutic practitioners who verified the situation.
I also accept that the tenant would suffer severe hardship if she had been required to continue the tenancy. She physically could not function and the effort and decision-making involved were too much at that time.
Fortunately, the landlord agreed to end the tenancy early, so I do not need to make an order reducing the term of the tenancy.
The only issue to decide is the amount of compensation to award to the landlord.
The reality is that the landlord has suffered a real loss of $3,677.14.
The tenant has paid $1,320.00 in rent already and the advertising expenses.
I consider it appropriate to consider the tenant’s and landlord’s financial circumstances.
The tenant gave oral evidence that she has had to give up her employment because of the recent decline in her health caused by this event. She is now receiving a benefit. She has been able to remain at her current rental but has rent and other living expenses to meet.
There is no evidence of the landlord’s financial circumstances for me to consider. I was told that this unit was empty for about six months prior to this tenancy.
Taking into account the information available, I award compensation to the landlord of $1,320.00 from the bond. I also award the filing fee.
The bond will be refunded in accordance with this order.
I suppress both the landlord and tenant names as neither is at fault or in breach of their obligations and there is personal information in this order.

Claims and awards in Tenancy Tribunal application 5165871 — net $1,347.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Compensation for lost rent	$1,320.00	Compensation for lost rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,347.00
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,347.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,347.00 from the bond.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,347.00 [The tenant/s]: $633.00

Reasons

Both parties attended the hearing held by video conference (the landlord by its representative).
The landlord has applied for compensation for loss caused by the early ending of a fixed term tenancy.
The tenant has submitted evidence explaining why she was unable to continue with the tenancy and seeking a reduction in any compensation awarded due to financial and emotional hardship.

What is the law on fixed term tenancies?

A tenancy for a fixed term is a binding legal contract and, under normal circumstances 1 , cannot be ended by either party giving notice to the other.
The Tenancy Tribunal may make an order to reduce a fixed term tenancy where there has been an unforeseen change in the applicant’s circumstances and severe hardship greater than the other party’s hardship; section 66(1) Residential Tenancies Act 1986 (RTA). The Tribunal may order the tenant to pay the landlord reasonable compensation for any resulting loss; s66(2) RTA.
A landlord and tenant can agree to end a fixed term tenancy early; section 50(1)(d) RTA.
A landlord is entitled to recover from a tenant any expenses reasonably incurred in respect of an assignment or early ending of the tenancy; s44A RTA. Facts
On 9 December 2024, the parties signed a fixed term tenancy agreement relating to these premises for a term starting 6 January 2025 and ending 4 January 2026.
The tenant paid $1,320.00 for two weeks’ rent in advance and a bond of $1,980.00.
The tenant arranged a flexible move-out date from the premises she was then living in to allow herself plenty of time to relocate.
She had moved some items in but not yet stayed in these new premises when she was contacted by the police to be advised that a decision had been made not to proceed with prosecution of a serious assault against her. 1 A fixed term tenancy can be terminated by the giving of notice in the specific circumstances listed in section 50(1) Residential Tenancies Act 1986 which include where premises are unlawful, uninhabitable, a tenant has been charged with assault on a landlord, or a tenant has withdrawn from the tenancy due to proven family violence.
The tenant’s evidence is that this news severely affected her psychologically. Her distress caused physical symptoms and she could not continue her usual activities including employment. Her words were that she “shut down”.
On 23 February 2025, the tenant notified the landlord that she could not move into the premises and asked to be released from the fixed term tenancy.
The landlord confirms that it agreed to the early ending of the tenancy.
It advertised and found new tenants from 28 February 2025.
The tenant has paid the landlord’s advertising costs.
The landlord now seeks compensation of $3,677.14 which is its loss of rent due to the early ending of this fixed term contract. Decision
The tenant has not made a formal application under section 66 RTA for reduction of the fixed term tenancy. She does not need to do so because the landlord has already agreed to end the tenancy.
However, the tenant does seek consideration of her circumstances. I have decided to take the factors in section 66 into account as a helpful guide in making a decision that is fair to both parties.
The starting point is that a contract is binding, and the tenant acknowledges this. It is not something she takes lightly.
Section 66 RTA allows relief from a fixed term contract where there has been an unforeseen change in circumstances.
I accept the tenant’s evidence that the decision by the police not to proceed with prosecution of her assailant was unforeseen and that it had an unforeseen and serious impact on her. She supplied supporting evidence from a medical professional.
The landlord’s representative confirmed that she had also spoken to one of the tenant’s therapeutic practitioners who verified the situation.
I also accept that the tenant would suffer severe hardship if she had been required to continue the tenancy. She physically could not function and the effort and decision-making involved were too much at that time.
Fortunately, the landlord agreed to end the tenancy early, so I do not need to make an order reducing the term of the tenancy.
The only issue to decide is the amount of compensation to award to the landlord.
The reality is that the landlord has suffered a real loss of $3,677.14.
The tenant has paid $1,320.00 in rent already and the advertising expenses.
I consider it appropriate to consider the tenant’s and landlord’s financial circumstances.
The tenant gave oral evidence that she has had to give up her employment because of the recent decline in her health caused by this event. She is now receiving a benefit. She has been able to remain at her current rental but has rent and other living expenses to meet.
There is no evidence of the landlord’s financial circumstances for me to consider. I was told that this unit was empty for about six months prior to this tenancy.
Taking into account the information available, I award compensation to the landlord of $1,320.00 from the bond. I also award the filing fee.
The bond will be refunded in accordance with this order.
I suppress both the landlord and tenant names as neither is at fault or in breach of their obligations and there is personal information in this order.

Tenancy Tribunal case 5165871 — Lost Rent

At a glance

Tenancy Tribunal case 5165871 — Lost Rent

At a glance

Award balance

Claims & awards

Order

Reasons

What is the law on fixed term tenancies?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is the law on fixed term tenancies?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions