What was Tenancy Tribunal case 5280919 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and address of the

How much money was awarded in case 5280919?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5280919?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12108580-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280919 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and address of the

How much money was awarded in case 5280919?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5280919?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5280919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12108580-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5280919 — Rent arrears

Claims and awards in Tenancy Tribunal application 5280919 — net $1,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 June 2025	$1,300.00	Rent arrears (to 30 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,327.00
Total payable by Tenant to Landlord	$1,327.00

Order

The Tribunal orders suppression of the parties’ names and address of the premises.
[The tenant/s] must pay [The landlord/s] $1,327.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 30 June 2025)$1,300.00 Filing fee reimbursement$27.00 Total award$1,327.00 Total payable by Tenant to Landlord$1,327.00
[Tenant 1]’s application for reduction of the fixed term tenancy is dismissed.

Reasons

A representative of the landlord attended the hearing. [Tenant 1] attended the hearing by telephone. [Tenant 2] did not attend, but provided a written submission, which I have considered.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I have made an order accordingly.
[Tenant 1] has applied for reduction of a fixed term tenancy. The tenancy started on 27 November 2023. On expiry of the initial fixed term, it was renewed for a further 12 months to 25 November 2025.
[Tenant 1] and [Tenant 2] are joint tenants. Each tenant does not have an individual agreement with the landlord; they have a collective agreement where together they are the tenant/s. [Tenant 1] and [Tenant 2’s] relationship has broken down and only [Tenant 1] has applied for reduction of the fixed term tenancy.
Previous Tribunal decisions have considered whether one of several joint tenants can apply for early termination of a fixed term. I adopt the reasoning in Tenant v Landlord [2024] NZTT 4925973 and conclude that I can hear the application of one tenant to reduce the fixed term.
The nature of the joint and several tenancy means that I cannot reduce the term or terminate the tenancy for only the applicant/s that applies. If I am satisfied that the tenancy should terminate then I must reduce the term stated in the tenancy agreement or terminate the total tenancy. [Tenant 1] has the onus of proving his application.
A tenancy agreement is a contract. When parties enter contracts, they are bound by the terms that they have agreed to. That is because the other party may make changes to their position in reliance of the other party fulfilling the promises that they have made in the contract.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances that a decision maker, like the Tribunal, would interfere with that term.
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. 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.
The first consideration is whether there has been an unforeseen change in the tenant’s circumstances. Unforeseen means unexpected or not anticipated. The tenancy was renewed for a further fixed term in late 2024. [Tenant 1] says that his relationship with [Tenant 2] has broken down and he no longer lives at the property. However, he says that he moved out about a year ago. That is, before the tenancy was renewed. He acknowledged that he and [Tenant 2], together, renewed the tenancy but says that his lawyer has now advised him to stop paying the rent.
[Tenant 1] says that he can longer afford to pay this rent and a mortgage on his home. He also said that his business has failed, which is contributing to the financial stress. [Tenant 2] disputes the cause of the business failure. It also appears that [Tenant 2] is paying the rent. She does not want the tenancy to end but would be happy for it to be transferred to her name if the current arrears and ownership of the bond are resolved.
This Tribunal is not the appropriate forum for parties to attempt to resolve relationship property issues.
[Tenant 1] did not identify or provide any corroborative evidence of an unforeseen change in his circumstances since the renewal was signed. He did not provide evidence of severe hardship. Severe hardship has been described in previous Tribunal decisions, as rigorous, harsh and not negligible, it is more than ordinary hardship. The severe hardship must also result from the unforeseen change.
While all parties seem willing to vary to the agreement, to allow [Tenant 2] to remain as the sole tenant, I can not vary the tenancy without the unconditional consent of all parties. As noted in Tenant v Landlord [2024] NZTT 4925973 at para 43: “The law is a blunt instrument, it allows me to either find that there are grounds for a reduction or not, it does not allow me to reduce the rent or vary the terms of the tenancy, in these circumstances and that is why I have not done so.”
[Tenant 1]’s application for reduction of the fixed term tenancy is dismissed.
As the landlord succeeded with its application for rent arrears, I have also awarded reimbursement of the Tribunal application fee. Given the circumstances which gave rise to this application, I have ordered suppression of the parties’ names and address of the premises.

Claims and awards in Tenancy Tribunal application 5280919 — net $1,327.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 June 2025	$1,300.00	Rent arrears (to 30 June 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,327.00
Total payable by Tenant to Landlord	$1,327.00

Order

The Tribunal orders suppression of the parties’ names and address of the premises.
[The tenant/s] must pay [The landlord/s] $1,327.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 30 June 2025)$1,300.00 Filing fee reimbursement$27.00 Total award$1,327.00 Total payable by Tenant to Landlord$1,327.00
[Tenant 1]’s application for reduction of the fixed term tenancy is dismissed.

Reasons

A representative of the landlord attended the hearing. [Tenant 1] attended the hearing by telephone. [Tenant 2] did not attend, but provided a written submission, which I have considered.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I have made an order accordingly.
[Tenant 1] has applied for reduction of a fixed term tenancy. The tenancy started on 27 November 2023. On expiry of the initial fixed term, it was renewed for a further 12 months to 25 November 2025.
[Tenant 1] and [Tenant 2] are joint tenants. Each tenant does not have an individual agreement with the landlord; they have a collective agreement where together they are the tenant/s. [Tenant 1] and [Tenant 2’s] relationship has broken down and only [Tenant 1] has applied for reduction of the fixed term tenancy.
Previous Tribunal decisions have considered whether one of several joint tenants can apply for early termination of a fixed term. I adopt the reasoning in Tenant v Landlord [2024] NZTT 4925973 and conclude that I can hear the application of one tenant to reduce the fixed term.
The nature of the joint and several tenancy means that I cannot reduce the term or terminate the tenancy for only the applicant/s that applies. If I am satisfied that the tenancy should terminate then I must reduce the term stated in the tenancy agreement or terminate the total tenancy. [Tenant 1] has the onus of proving his application.
A tenancy agreement is a contract. When parties enter contracts, they are bound by the terms that they have agreed to. That is because the other party may make changes to their position in reliance of the other party fulfilling the promises that they have made in the contract.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances that a decision maker, like the Tribunal, would interfere with that term.
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. 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.
The first consideration is whether there has been an unforeseen change in the tenant’s circumstances. Unforeseen means unexpected or not anticipated. The tenancy was renewed for a further fixed term in late 2024. [Tenant 1] says that his relationship with [Tenant 2] has broken down and he no longer lives at the property. However, he says that he moved out about a year ago. That is, before the tenancy was renewed. He acknowledged that he and [Tenant 2], together, renewed the tenancy but says that his lawyer has now advised him to stop paying the rent.
[Tenant 1] says that he can longer afford to pay this rent and a mortgage on his home. He also said that his business has failed, which is contributing to the financial stress. [Tenant 2] disputes the cause of the business failure. It also appears that [Tenant 2] is paying the rent. She does not want the tenancy to end but would be happy for it to be transferred to her name if the current arrears and ownership of the bond are resolved.
This Tribunal is not the appropriate forum for parties to attempt to resolve relationship property issues.
[Tenant 1] did not identify or provide any corroborative evidence of an unforeseen change in his circumstances since the renewal was signed. He did not provide evidence of severe hardship. Severe hardship has been described in previous Tribunal decisions, as rigorous, harsh and not negligible, it is more than ordinary hardship. The severe hardship must also result from the unforeseen change.
While all parties seem willing to vary to the agreement, to allow [Tenant 2] to remain as the sole tenant, I can not vary the tenancy without the unconditional consent of all parties. As noted in Tenant v Landlord [2024] NZTT 4925973 at para 43: “The law is a blunt instrument, it allows me to either find that there are grounds for a reduction or not, it does not allow me to reduce the rent or vary the terms of the tenancy, in these circumstances and that is why I have not done so.”
[Tenant 1]’s application for reduction of the fixed term tenancy is dismissed.
As the landlord succeeded with its application for rent arrears, I have also awarded reimbursement of the Tribunal application fee. Given the circumstances which gave rise to this application, I have ordered suppression of the parties’ names and address of the premises.

Tenancy Tribunal case 5280919 — Rent arrears

At a glance

Tenancy Tribunal case 5280919 — 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