What was Tenancy Tribunal case 5291559 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 5291559?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,007.14 awarded to landlord

What type of tenancy dispute was case 5291559?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5291559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12326068-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5291559 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 5291559?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,007.14 awarded to landlord

What type of tenancy dispute was case 5291559?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5291559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12326068-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5291559 — Rent arrears

Claims and awards in Tenancy Tribunal application 5291559 — net $1,834.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2025	$4,007.14	Rent arrears to 25 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,834.14
Total payable by Tenant to Landlord	$1,834.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The applicant/s] $1,834.14 (“the debt”), calculated as shown below.
The tenant must pay the debt in Order 2 at the rate of $100.00 per week.
The first payment must be made on Monday 1 September 2025 and payments must continue every Monday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The applicant/s]
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated on 25 July 2025.
The application for an Order further reducing the fixed term of the tenancy, is dismissed.

Reasons

Both parties attended the hearing which was held by videoconference. Introduction
The landlord and the tenant entered into a one year fixed term tenancy from November 2024 to November 2025.
In May 2025 the tenant experienced some unforeseen challenges. A work accident left her struggling for income and her father in France became very unwell requiring her to return.
The tenant advised the landlord of her changed circumstances. The landlord explained the process for ending a fixed term tenancy early.
The tenant chose to try and find replacement tenants herself rather than incur advertising charges for the landlord doing so. She had a new tenant lined up but that person let her down and she was unable to find replacement tenants before she left for France in early June.
The landlord then stepped in and began advertising for new tenants. A new tenancy began on 26 July 2025. Issues
The Tribunal needs to decide whether: a. the landlord took reasonable steps to limit the consequences of the tenant wanting to end the fixed term early; b. this tenancy should be ended before the new tenancy started. Did the landlord take reasonable steps to limit the consequences of the tenant wanting to end the fixed term early?
Section 49 RTA requires that where any party to a tenancy agreement breaches any of the provisions of the agreement or the RTA, the other party must take all reasonable steps to limit the damage or loss arising from that breach. Losses caused through breach of that obligation may not be recoverable.
Where a tenant breaches a fixed term tenancy by wanting to end it early, that generally requires a landlord take reasonable steps to find replacement tenants.
The evidence shows that the landlord acted reasonably in responding to the tenant’s request to end the fixed term early. The property manager explained the termination process and found new tenants when it became aware that the tenant had been unable to. That had the effect of limiting the tenant’s liability for rent to 25 July 2025, rather than 4 months later. It did not breach its obligations under s.49 RTA.

Should the tenancy be ended before 25 July 2025?

Section 66 RTA allows the Tribunal to end a fixed term tenancy early, “... where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.”
I am satisfied that because of the unforeseen changes in the tenant’s circumstances, severe hardship would have been caused to her if she was held to the full fixed term.
The landlord putting a new tenancy in place has significantly lessened that potential hardship.
The tenant wishes to return to New Zealand when she can and is concerned that her ability to find accommodation would be jeopardised by having a fixed term breach and rent debt recorded against her. Her evidence satisfies me that she has acted responsibly throughout and has been put in this difficult situation through circumstances beyond her control. The landlord thinks suppression Orders should apply. I agree that the grounds for suppression are established.
The other consequence for the tenant if the term is not further reduced, is the cost of the unpaid rent. While that is not insignificant, the evidence does not prove that it would cause severe hardship. The evidence does not show that the financial loss to the tenant would be any worse or different than the landlord’s loss of that same sum.
For those reasons, I do not find the grounds established for further reduction of the fixed term.
There is no dispute about the amount of unpaid rent to 25 July 2025. The landlord confirms there are no other claims to be brought against the bond. Terms for payment of the unpaid rent are agreed.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5291559 — net $1,834.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2025	$4,007.14	Rent arrears to 25 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,834.14
Total payable by Tenant to Landlord	$1,834.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] must pay [The applicant/s] $1,834.14 (“the debt”), calculated as shown below.
The tenant must pay the debt in Order 2 at the rate of $100.00 per week.
The first payment must be made on Monday 1 September 2025 and payments must continue every Monday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The applicant/s]
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated on 25 July 2025.
The application for an Order further reducing the fixed term of the tenancy, is dismissed.

Reasons

Both parties attended the hearing which was held by videoconference. Introduction
The landlord and the tenant entered into a one year fixed term tenancy from November 2024 to November 2025.
In May 2025 the tenant experienced some unforeseen challenges. A work accident left her struggling for income and her father in France became very unwell requiring her to return.
The tenant advised the landlord of her changed circumstances. The landlord explained the process for ending a fixed term tenancy early.
The tenant chose to try and find replacement tenants herself rather than incur advertising charges for the landlord doing so. She had a new tenant lined up but that person let her down and she was unable to find replacement tenants before she left for France in early June.
The landlord then stepped in and began advertising for new tenants. A new tenancy began on 26 July 2025. Issues
The Tribunal needs to decide whether: a. the landlord took reasonable steps to limit the consequences of the tenant wanting to end the fixed term early; b. this tenancy should be ended before the new tenancy started. Did the landlord take reasonable steps to limit the consequences of the tenant wanting to end the fixed term early?
Section 49 RTA requires that where any party to a tenancy agreement breaches any of the provisions of the agreement or the RTA, the other party must take all reasonable steps to limit the damage or loss arising from that breach. Losses caused through breach of that obligation may not be recoverable.
Where a tenant breaches a fixed term tenancy by wanting to end it early, that generally requires a landlord take reasonable steps to find replacement tenants.
The evidence shows that the landlord acted reasonably in responding to the tenant’s request to end the fixed term early. The property manager explained the termination process and found new tenants when it became aware that the tenant had been unable to. That had the effect of limiting the tenant’s liability for rent to 25 July 2025, rather than 4 months later. It did not breach its obligations under s.49 RTA.

Should the tenancy be ended before 25 July 2025?

Section 66 RTA allows the Tribunal to end a fixed term tenancy early, “... where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.”
I am satisfied that because of the unforeseen changes in the tenant’s circumstances, severe hardship would have been caused to her if she was held to the full fixed term.
The landlord putting a new tenancy in place has significantly lessened that potential hardship.
The tenant wishes to return to New Zealand when she can and is concerned that her ability to find accommodation would be jeopardised by having a fixed term breach and rent debt recorded against her. Her evidence satisfies me that she has acted responsibly throughout and has been put in this difficult situation through circumstances beyond her control. The landlord thinks suppression Orders should apply. I agree that the grounds for suppression are established.
The other consequence for the tenant if the term is not further reduced, is the cost of the unpaid rent. While that is not insignificant, the evidence does not prove that it would cause severe hardship. The evidence does not show that the financial loss to the tenant would be any worse or different than the landlord’s loss of that same sum.
For those reasons, I do not find the grounds established for further reduction of the fixed term.
There is no dispute about the amount of unpaid rent to 25 July 2025. The landlord confirms there are no other claims to be brought against the bond. Terms for payment of the unpaid rent are agreed.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5291559 — Rent arrears

At a glance

Tenancy Tribunal case 5291559 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be ended before 25 July 2025?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be ended before 25 July 2025?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions