What was Tenancy Tribunal case 5237171 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 5237171?

Break Lease Fees: $690.00 awarded to landlord; Compensation: $2,780.00 awarded to landlord; Exterior Tidy Costs: $415.00 awarded to landlord; Rent Arrears: $4,760.71 awarded to landlord

What type of tenancy dispute was case 5237171?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5237171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12061390-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5237171 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 5237171?

Break Lease Fees: $690.00 awarded to landlord; Compensation: $2,780.00 awarded to landlord; Exterior Tidy Costs: $415.00 awarded to landlord; Rent Arrears: $4,760.71 awarded to landlord

What type of tenancy dispute was case 5237171?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5237171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12061390-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5237171 — Rent arrears

Claims and awards in Tenancy Tribunal application 5237171 — net $5,865.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2025	$4,760.71	Rent arrears to 2 July 2025
Compensation for reduction in fixed term lease	$2,780.00	Compensation for reduction in fixed term lease
Exterior tidy costs	$415.00	Exterior tidy costs
Break lease fees	$690.00	Break lease fees
Net award	$5,865.71
Total payable by Tenant to Landlord	$5,865.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ and landlord’s name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 2 July 2025.
[The tenant/s] must pay [The landlord/s] $5,865.71 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has made an application to reduce the fixed term tenancy.
The landlord had originally agreed to end the fixed term tenancy, on the condition that the tenant would remain liable for rent until another tenant was found. The landlord claims for rent, compensation, and refund of the bond. Background
The tenancy commenced on 23 February 2024 and was due to end on 22 February 2026. The tenant has applied for reduction of the fixed-term tenancy.
The tenants advised that in early February 2025, they both lost their jobs due to the liquidation of the company they worked for. Letters from the company have been provided. They attempted to find employment in Wellington, however, after a few works had used all their savings.
On 24 March 2025, they approached the landlord and advised that they could no longer pay rent. They were informed that they would need to keep paying rent until replacement tenants could be found. On 26 March 2025 the tenants signed a document confirming that they wished to break the fixed term tenancy agreement and that they understood that they would be liable for paying the fair and reasonable costs incurred in securing a suitable replacement tenant.
The landlord has provided records that show the house was re-listed on 26 March 2025. They advised there were around 19 viewings for the property, they were prompt with any follow-ups and even reduced the rent to find a new tenant, however, it is a difficult market with several properties for rent in the area.
The tenants advised that they moved out of the property on 4 April 2025 and moved in with family for additional financial support. The landlords said that some of the tenants’ belongings remain in the property.
At the end of June 2025, the landlords did manage to secure a new tenant, however, the current tenants would not agree to sign a document effectively ending their tenancy on the proviso of paying associated break lease costs. As a result, the landlord was unable to sign the new tenancy agreement, and as the new tenants needed the property urgently, ultimately decided not to proceed. Reducing a fixed term tenancy
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986 (RTA).
There has been an unforeseen change in the tenant's circumstances. I am satisfied that they did not expect the company they were employed by to cease operations, or to lose their jobs and/or be unable to secure new employment.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. They no longer have any income and have advised that they have been unable to obtain assistance from WINZ due to their visa status. They have provided bank screen shots that show they have no income and no ability to pay any rent, and at the hearing advised that they have had to borrow significant sums of money.
The landlord advised that they would also suffer hardship if the term were reduced. They have been unable to secure tenants and require rental income to be able to cover mortgage, insurance, and rates costs. The landlord also raised some concerns around the veracity of the tenants’ evidence, and the efforts made by the tenant to secure both new employment and replacement tenant(s).
On review, I find that the tenant’s hardship would be greater than the landlord’s hardship.
As a result, I consider that it is reasonable for the fixed term tenancy to be reduced and end at 11:59pm on 2 July 2025.
The landlord has provided rent records that prove the rental arrears owing of $4,760.71 through to 2 July 2025.

How much is owed for rent and compensation?

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.
I consider that it is fair and reasonable to award compensation of four weeks rent totalling $2,780.00 and break lease fees of $690.00 to the landlord considering all circumstances.
The landlord has not yet secured a tenant and may not be able to secure a tenant for some time. Their attempts to secure a tenant were also hampered by the tenants’ recent actions and failure to agree to end the fixed term tenancy. If I had not reduced the fixed term tenancy above, the landlord would be able to seek rent until the end of the tenancy or until a new tenant was found (whichever was earlier).
The tenants’ financial situation, although relevant to the reduction in the term of the tenancy, does not change their legal obligations and liability for compensation in such circumstances. Other matters
The landlord claims $415.00 for the costs involved in tidying the exterior of the property and has provided an invoice and photographs. The tenant does not dispute these amounts. The amount ordered is proved.
The landlord raised other items for compensation, however, as no application has been filed, I have not considered these. The landlord can file a further application if required.
I have not awarded the filing fee to either party. Both parties have had some success and I consider that these costs should be absorbed by each party.
In addition, both parties have sought name suppression. Again, as both parties have had some level of success, I have awarded name suppression to both parties. I do not consider that there has been any conduct or circumstances of the case that specifically warrant publication of names. See section 95A of the RTA. R Harvey-Lane 02 July 2025

Claims and awards in Tenancy Tribunal application 5237171 — net $5,865.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 July 2025	$4,760.71	Rent arrears to 2 July 2025
Compensation for reduction in fixed term lease	$2,780.00	Compensation for reduction in fixed term lease
Exterior tidy costs	$415.00	Exterior tidy costs
Break lease fees	$690.00	Break lease fees
Net award	$5,865.71
Total payable by Tenant to Landlord	$5,865.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ and landlord’s name and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 2 July 2025.
[The tenant/s] must pay [The landlord/s] $5,865.71 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has made an application to reduce the fixed term tenancy.
The landlord had originally agreed to end the fixed term tenancy, on the condition that the tenant would remain liable for rent until another tenant was found. The landlord claims for rent, compensation, and refund of the bond. Background
The tenancy commenced on 23 February 2024 and was due to end on 22 February 2026. The tenant has applied for reduction of the fixed-term tenancy.
The tenants advised that in early February 2025, they both lost their jobs due to the liquidation of the company they worked for. Letters from the company have been provided. They attempted to find employment in Wellington, however, after a few works had used all their savings.
On 24 March 2025, they approached the landlord and advised that they could no longer pay rent. They were informed that they would need to keep paying rent until replacement tenants could be found. On 26 March 2025 the tenants signed a document confirming that they wished to break the fixed term tenancy agreement and that they understood that they would be liable for paying the fair and reasonable costs incurred in securing a suitable replacement tenant.
The landlord has provided records that show the house was re-listed on 26 March 2025. They advised there were around 19 viewings for the property, they were prompt with any follow-ups and even reduced the rent to find a new tenant, however, it is a difficult market with several properties for rent in the area.
The tenants advised that they moved out of the property on 4 April 2025 and moved in with family for additional financial support. The landlords said that some of the tenants’ belongings remain in the property.
At the end of June 2025, the landlords did manage to secure a new tenant, however, the current tenants would not agree to sign a document effectively ending their tenancy on the proviso of paying associated break lease costs. As a result, the landlord was unable to sign the new tenancy agreement, and as the new tenants needed the property urgently, ultimately decided not to proceed. Reducing a fixed term tenancy
The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and b. there would be severe hardship to the applicant if the term is not reduced; and c. the applicant’s hardship would be greater than the hardship to the other party if the term is reduced. See section 66(1) Residential Tenancies Act 1986 (RTA).
There has been an unforeseen change in the tenant's circumstances. I am satisfied that they did not expect the company they were employed by to cease operations, or to lose their jobs and/or be unable to secure new employment.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. They no longer have any income and have advised that they have been unable to obtain assistance from WINZ due to their visa status. They have provided bank screen shots that show they have no income and no ability to pay any rent, and at the hearing advised that they have had to borrow significant sums of money.
The landlord advised that they would also suffer hardship if the term were reduced. They have been unable to secure tenants and require rental income to be able to cover mortgage, insurance, and rates costs. The landlord also raised some concerns around the veracity of the tenants’ evidence, and the efforts made by the tenant to secure both new employment and replacement tenant(s).
On review, I find that the tenant’s hardship would be greater than the landlord’s hardship.
As a result, I consider that it is reasonable for the fixed term tenancy to be reduced and end at 11:59pm on 2 July 2025.
The landlord has provided rent records that prove the rental arrears owing of $4,760.71 through to 2 July 2025.

How much is owed for rent and compensation?

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) RTA.
I consider that it is fair and reasonable to award compensation of four weeks rent totalling $2,780.00 and break lease fees of $690.00 to the landlord considering all circumstances.
The landlord has not yet secured a tenant and may not be able to secure a tenant for some time. Their attempts to secure a tenant were also hampered by the tenants’ recent actions and failure to agree to end the fixed term tenancy. If I had not reduced the fixed term tenancy above, the landlord would be able to seek rent until the end of the tenancy or until a new tenant was found (whichever was earlier).
The tenants’ financial situation, although relevant to the reduction in the term of the tenancy, does not change their legal obligations and liability for compensation in such circumstances. Other matters
The landlord claims $415.00 for the costs involved in tidying the exterior of the property and has provided an invoice and photographs. The tenant does not dispute these amounts. The amount ordered is proved.
The landlord raised other items for compensation, however, as no application has been filed, I have not considered these. The landlord can file a further application if required.
I have not awarded the filing fee to either party. Both parties have had some success and I consider that these costs should be absorbed by each party.
In addition, both parties have sought name suppression. Again, as both parties have had some level of success, I have awarded name suppression to both parties. I do not consider that there has been any conduct or circumstances of the case that specifically warrant publication of names. See section 95A of the RTA. R Harvey-Lane 02 July 2025

Tenancy Tribunal case 5237171 — Rent arrears

At a glance

Tenancy Tribunal case 5237171 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and compensation?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions