What was Tenancy Tribunal case 5272359 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 5272359?

Compensation: $2,800.00 awarded to landlord; Rent: $2,800.00 awarded to landlord

What type of tenancy dispute was case 5272359?

The dispute type was not classified.

Where can I read the official tribunal order for case 5272359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12142865-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5272359 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 5272359?

Compensation: $2,800.00 awarded to landlord; Rent: $2,800.00 awarded to landlord

What type of tenancy dispute was case 5272359?

The dispute type was not classified.

Where can I read the official tribunal order for case 5272359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12142865-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5272359 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5272359 — net $3,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 18 August 2025	$2,800.00	Rent to 18 August 2025
Compensation for loss of rent in reduction of tenancy	$2,800.00	Compensation for loss of rent in reduction of tenancy
Net award	$3,000.00
Total payable by Tenant to Landlord	$3,000.00

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 term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 18 August 2025
[The tenant/s] must pay [The landlord/s] $3,210.00 by 18 August 2025, as calculated in the table below:
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has applied to be released from a fixed term tenancy. The tenant also seeks orders in relation to one of the name landlords and the legality of a rent increase and the recently implemented four-weekly inspection regime.
The landlord seeks an order that they be allowed to carry out routine inspections (having been previously denied access by the tenant to do so).
Both parties have provided several documents detailing correspondence and evidence of third parties. I confirm that I have reviewed all information to assist in preparation of this decision. Reduction of fixed term tenancy
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 March 2026.
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. The tenant has lived in the property since March 2024, with no real issues between the parties.
However, in March 2025, there was an incident between the tenant and one of the named landlords. I heard considerable evidence about the incident from both parties, but it is not necessary to provide specific details in this decision. In essence, it appears that both parties lost their temper and there was a heated argument.
Since that date, the relationship between the parties has significantly deteriorated. The tenant says that he is no longer able to live in the property as a result.
Although not a typical external change, I accept that the change in the relationship between the parties was unforeseen.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant detailed the stress and anxiety he and other occupants of the property have suffered since the incident. He explains that as someone who already suffers from anxiety, having to stay at the property has increased mental hardship. Due to some of the things that were said by the landlord he no longer feels stable and secure residing at the property. This has impacted all facets of his life, including his ability to focus and study.
The landlords would suffer hardship if the term were reduced. They detailed how reducing the fixed term tenancy would have a financial impact, including the loss of planned rental income through to March 2026. As well as having to find new tenants while they both have other personal medical matters to deal with.
Although I accept the landlords’ submissions, I find that the tenant’s hardship would be greater than the landlords’ hardship.
It is also clear that the relationship between the parties has deteriorated beyond repair. Despite the landlords very valid financial concerns, it seems best for both parties if the fixed-term tenancy was reduced. See section 85 of the RTA.
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 have directed that the tenancy end on 18 August 2025 and rent is to be paid until this date. I have calculated this based on the rental amount of $700.00 (that I discuss further below). Any rent already paid towards this rent period and amount should, of course, be deducted from the total amount owing.
I award further compensation of $2,800.00 to the landlord, considering a further four weeks rent at $700.00 a week. I consider that this is a fair and reasonable amount to contribute to covering the rent while a new tenant is found.
I encourage the parties to work together to start the process of finding a new tenant before the tenant vacates the property.
I do note, for the purpose of showing the premises to prospective tenants, that section 48(2) of the RTA allows, with the prior consent of the tenant, the landlord to enter the premises at any reasonable time for the purpose of showing the premises to prospective tenants, and that consent may not be unreasonably withheld by the tenant. Other matters
As I have directed that the tenancy be reduced, I do not have to consider the routine inspection frequency or the request that one of the named landlords not be at the property at these inspections.
With respect to the rent increase, I have considered whether the rent increase from $700.00 to $730.00 commencing on 25 July 2025 is valid.
Section 24 of the RTA provides that the rent payable in respect of any tenancy may be increased by the landlord provided certain conditions are complied with. This includes that the rent must not be increased within 12 months after the date of the commencement of the tenancy and must not be increased within 12 months after the date on which the last increase took effect.
A landlord under a fixed-term tenancy may not increase the rent during the term of the tenancy unless permitted by the provisions of the tenancy agreement to do so and in accordance with the RTA.
I have reviewed the tenancy agreement provided. There is nothing in the tenancy agreement that was signed on 4 March 2025 that includes a right to a rent increase during the fixed-term lease period (to 4 March 2026). Accordingly, I consider that there is no ability for the landlord to increase the rent, and therefore the above calculations for both rent and compensation are based on the current rental rate of $700.00 a week.
Both parties have applied for name suppression. In the circumstances, I consider that the interests of the parties outweigh those of the public interest in publication, and name suppression is granted. See section 95A of the RTA. R Harvey-Lane 21 July 2025

Claims and awards in Tenancy Tribunal application 5272359 — net $3,000.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 18 August 2025	$2,800.00	Rent to 18 August 2025
Compensation for loss of rent in reduction of tenancy	$2,800.00	Compensation for loss of rent in reduction of tenancy
Net award	$3,000.00
Total payable by Tenant to Landlord	$3,000.00

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 term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11:59pm on 18 August 2025
[The tenant/s] must pay [The landlord/s] $3,210.00 by 18 August 2025, as calculated in the table below:
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The tenant has applied to be released from a fixed term tenancy. The tenant also seeks orders in relation to one of the name landlords and the legality of a rent increase and the recently implemented four-weekly inspection regime.
The landlord seeks an order that they be allowed to carry out routine inspections (having been previously denied access by the tenant to do so).
Both parties have provided several documents detailing correspondence and evidence of third parties. I confirm that I have reviewed all information to assist in preparation of this decision. Reduction of fixed term tenancy
The tenant has applied for reduction of the fixed-term tenancy due to end on 4 March 2026.
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. The tenant has lived in the property since March 2024, with no real issues between the parties.
However, in March 2025, there was an incident between the tenant and one of the named landlords. I heard considerable evidence about the incident from both parties, but it is not necessary to provide specific details in this decision. In essence, it appears that both parties lost their temper and there was a heated argument.
Since that date, the relationship between the parties has significantly deteriorated. The tenant says that he is no longer able to live in the property as a result.
Although not a typical external change, I accept that the change in the relationship between the parties was unforeseen.
The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant detailed the stress and anxiety he and other occupants of the property have suffered since the incident. He explains that as someone who already suffers from anxiety, having to stay at the property has increased mental hardship. Due to some of the things that were said by the landlord he no longer feels stable and secure residing at the property. This has impacted all facets of his life, including his ability to focus and study.
The landlords would suffer hardship if the term were reduced. They detailed how reducing the fixed term tenancy would have a financial impact, including the loss of planned rental income through to March 2026. As well as having to find new tenants while they both have other personal medical matters to deal with.
Although I accept the landlords’ submissions, I find that the tenant’s hardship would be greater than the landlords’ hardship.
It is also clear that the relationship between the parties has deteriorated beyond repair. Despite the landlords very valid financial concerns, it seems best for both parties if the fixed-term tenancy was reduced. See section 85 of the RTA.
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 have directed that the tenancy end on 18 August 2025 and rent is to be paid until this date. I have calculated this based on the rental amount of $700.00 (that I discuss further below). Any rent already paid towards this rent period and amount should, of course, be deducted from the total amount owing.
I award further compensation of $2,800.00 to the landlord, considering a further four weeks rent at $700.00 a week. I consider that this is a fair and reasonable amount to contribute to covering the rent while a new tenant is found.
I encourage the parties to work together to start the process of finding a new tenant before the tenant vacates the property.
I do note, for the purpose of showing the premises to prospective tenants, that section 48(2) of the RTA allows, with the prior consent of the tenant, the landlord to enter the premises at any reasonable time for the purpose of showing the premises to prospective tenants, and that consent may not be unreasonably withheld by the tenant. Other matters
As I have directed that the tenancy be reduced, I do not have to consider the routine inspection frequency or the request that one of the named landlords not be at the property at these inspections.
With respect to the rent increase, I have considered whether the rent increase from $700.00 to $730.00 commencing on 25 July 2025 is valid.
Section 24 of the RTA provides that the rent payable in respect of any tenancy may be increased by the landlord provided certain conditions are complied with. This includes that the rent must not be increased within 12 months after the date of the commencement of the tenancy and must not be increased within 12 months after the date on which the last increase took effect.
A landlord under a fixed-term tenancy may not increase the rent during the term of the tenancy unless permitted by the provisions of the tenancy agreement to do so and in accordance with the RTA.
I have reviewed the tenancy agreement provided. There is nothing in the tenancy agreement that was signed on 4 March 2025 that includes a right to a rent increase during the fixed-term lease period (to 4 March 2026). Accordingly, I consider that there is no ability for the landlord to increase the rent, and therefore the above calculations for both rent and compensation are based on the current rental rate of $700.00 a week.
Both parties have applied for name suppression. In the circumstances, I consider that the interests of the parties outweigh those of the public interest in publication, and name suppression is granted. See section 95A of the RTA. R Harvey-Lane 21 July 2025

Tenancy Tribunal case 5272359 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5272359 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions