What was the outcome of Tenancy Tribunal case 5291936?

The tribunal order states: The tenant’s application seeking reduction of the fixed-term tenancy is

How much money was awarded in case 5291936?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5291936?

The dispute type was not classified.

Where can I read the official tribunal order for case 5291936?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293015-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5291936?

The tribunal order states: The tenant’s application seeking reduction of the fixed-term tenancy is

How much money was awarded in case 5291936?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5291936?

The dispute type was not classified.

Where can I read the official tribunal order for case 5291936?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293015-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 2A Mantra Road, Massey, Auckland 0614 Tenancy Tribunal Case 5291936 — Tenancy dispute

Order

The tenant’s application seeking reduction of the fixed-term tenancy is dismissed.

Reasons

Introduction

Fangjie Zhu and Jingjing Huang (the Tenants) started living at Flat 2, 2A Mantra Road, Massey, Auckland (the Premises) from 8 March 2025. The Tenants and Shelter Realty Limited (the Landlord) entered into a 12-month fixed-term tenancy set to continue until 7 March 2026.
On 21 April 2025, the Tenants entered into an agreement to purchase a property in Sunnynook, Auckland (the Sunnynook Property). The settlement date was 30 June 2025. The Tenants did not disclose to the Landlord that they had purchased the Sunnynook Property. At the hearing, the Landlord presented publicly available evidence to show the Tenants’ had purchased the Sunnynook Property.
On 13 May 2025, the Tenants emailed the Landlord requesting an early end to the fixed-term tenancy due to “ongoing and severe” noise disturbances caused by passing motorcycles and late-night parties at neighbouring properties. The Tenants did not mention their purchase of the Sunnynook Property.
The Landlord initially declined to agree to an early end to the tenancy, but in subsequent correspondence, on 19 May 2025, the Landlord agreed the tenancy could come to an early end if new tenants were secured, and the Tenants met certain costs (such as advertising) and rent until the new tenancy commenced.
The Tenants agreed to the Landlord’s conditions. The Premises was listed for rent, seeking the same rent as the Tenant pay, from 26 May 2025. To date, a new tenant has not been secured.
On 30 June 2025, the Tenants moved out of the Premises. They are currently living at the Sunnynook Property.
The Tenants seek an order that their fixed-term tenancy at the Premises be brought to an early end on 20 August 2025 (the date of the hearing).
The issues for me to determine are: a. Are there grounds for the Tribunal to reduce the fixed-term tenancy? b. Should the bond be refunded? c. Should the tenant’s name be suppressed?

Are there grounds for the Tribunal to reduce the fixed-term tenancy?

Pursuant to s66 of the Residential Tenancies Act 1986 (the Act), 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.
The Tenants say there was an unforeseen change in the Tenants’ circumstances in that the noise from passing traffic, and noise caused by neighbours, 1 disturbed the Tenants’ sleep impacting his diligence at work as a 1 Evidence of complaints made to Auckland Council on 13 April 2025 was produced. One complaint at 3:16am on that date was found to be noise within acceptable levels, the second at 3:59am was found to be excessive noise and a Excessive Noise Direction was served on the property causing the noise. plumber. They say they were not aware of the noise, and how it would impact them, until after they had moved into the Premises.
The Tenants did not rely on the purchase of the Sunnynook Property as a change in their circumstances. The Tenants say they did not disclose the purchase to the Landlord because they considered it their private business.
The Tenants say if the fixed-term tenancy is not terminated they will face financial hardship as Mr Zhu’s income does not cover both the rent at the Premises and their mortgage at the Sunnynook Property. 2
A fixed-term tenancy sets a defined period for a tenancy agreement, offering stability for both landlord and tenant. A tenant is guaranteed a home for the agreed-upon term, and a landlord has certainty about rental income and vacancy periods. Fixed-term tenancies are not easily terminated by the Tribunal, in fact they may only be ended by the Tribunal if all three of the above criteria (at [9]) are met.
In this case, I am not satisfied the first of the three criteria has been proved. That is, I am not satisfied there has been an unforeseen change in the Tenants’ circumstances. The Premises are located on the corner of Mantra Road and Don Buck Road in Massey, Auckland. Don Buck Road is a relatively busy arterial route that runs from Westgate to Swanson. The noise of passing vehicles is expected in such an area, and is not unforeseen. The Tenants had been living in the area for 2 – 3 months prior to moving into the Premises and had ample time to familiarise themselves with the area. I am also not satisfied that noise disturbance from neighbours is an unforeseen change in the Tenants’ circumstances. It is not a circumstance specific to the Tenants.
Furthermore, I am not satisfied that either of those reasons – traffic noise and/or noise from neighbours is the real reason the Tenants wish to end the fixed-term tenancy. At the hearing, the Property Managers appearing on behalf of the Landlord stated they manage all eight units at 2 Mantra Road, and have not had any complaints from other units about noise. The Property Managers submitted the real reason the Tenants wanted to end the fixed-term tenancy was that in April they entered into a sale and purchase agreement to purchase the Sunnynook Property, with a settlement date of 30 June 2025. The Landlord says they only discovered the purchase of the Sunnynook Property on the day of the hearing, when checking publicly available sale information.
I agree with the Property Managers. I am satisfied it is more likely than not that the Tenants wanted to end the fixed-term tenancy because they had purchased the Sunnynook Property, and not due to noise complaints. That is consistent with the timing of their request to end the fixed-term tenancy, that is that it was 2 Mr Zhu provided evidence of his weekly wages. Mr Zhu stated his wife Ms Huang does not earn an income. first made on 13 May 2025 after entering into the sale and purchase agreement for the Sunnynook Property on 21 April 2025. It is also consistent with the Tenants’ email requests to end the tenancy by 30 June 2025 – the same day as settlement on the Sunnynook Property. 3 Although not relied upon by the Tenants, I note that their purchase of a new property, and therefore their decision to take on the burden of a mortgage, is an entirely foreseeable change in circumstances and would not be a basis on which the fixed-term tenancy could be terminated by the Tribunal.
Given my finding that there has not been an unforeseen change in the Tenants’ circumstances, I have not gone on to consider whether there would be severe hardship to the Tenants if the term is not reduced, or whether that hardship would be greater than the hardship to the Landlord if the term is reduced.
The Tenants’ application seeking an order that the fixed-term tenancy be reduced is dismissed. The parties have agreed to terms by which the fixed-term tenancy may come to an early end. Those terms, as recorded by email dated 19 and 20 May 2025, are binding on the parties.
For clarity, the Tenants are liable to continue paying rent as it falls due until a new tenancy commences, or until the expiry of the fixed-term, whichever occurs first.

Should the bond be refunded?

As the tenancy has not come to an end, the bond is not to be refunded. The bond is to remain with the Bond Centre until the end of the tenancy. Should the tenant’s name be suppressed?
The Tenants sought name suppression. The Tenants were not successful in their application and there is nothing to warrant a departure from the principle of open justice, therefore, I do not make any suppression orders.

Order

The tenant’s application seeking reduction of the fixed-term tenancy is dismissed.

Reasons

Introduction

Fangjie Zhu and Jingjing Huang (the Tenants) started living at Flat 2, 2A Mantra Road, Massey, Auckland (the Premises) from 8 March 2025. The Tenants and Shelter Realty Limited (the Landlord) entered into a 12-month fixed-term tenancy set to continue until 7 March 2026.
On 21 April 2025, the Tenants entered into an agreement to purchase a property in Sunnynook, Auckland (the Sunnynook Property). The settlement date was 30 June 2025. The Tenants did not disclose to the Landlord that they had purchased the Sunnynook Property. At the hearing, the Landlord presented publicly available evidence to show the Tenants’ had purchased the Sunnynook Property.
On 13 May 2025, the Tenants emailed the Landlord requesting an early end to the fixed-term tenancy due to “ongoing and severe” noise disturbances caused by passing motorcycles and late-night parties at neighbouring properties. The Tenants did not mention their purchase of the Sunnynook Property.
The Landlord initially declined to agree to an early end to the tenancy, but in subsequent correspondence, on 19 May 2025, the Landlord agreed the tenancy could come to an early end if new tenants were secured, and the Tenants met certain costs (such as advertising) and rent until the new tenancy commenced.
The Tenants agreed to the Landlord’s conditions. The Premises was listed for rent, seeking the same rent as the Tenant pay, from 26 May 2025. To date, a new tenant has not been secured.
On 30 June 2025, the Tenants moved out of the Premises. They are currently living at the Sunnynook Property.
The Tenants seek an order that their fixed-term tenancy at the Premises be brought to an early end on 20 August 2025 (the date of the hearing).
The issues for me to determine are: a. Are there grounds for the Tribunal to reduce the fixed-term tenancy? b. Should the bond be refunded? c. Should the tenant’s name be suppressed?

Are there grounds for the Tribunal to reduce the fixed-term tenancy?

Pursuant to s66 of the Residential Tenancies Act 1986 (the Act), 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.
The Tenants say there was an unforeseen change in the Tenants’ circumstances in that the noise from passing traffic, and noise caused by neighbours, 1 disturbed the Tenants’ sleep impacting his diligence at work as a 1 Evidence of complaints made to Auckland Council on 13 April 2025 was produced. One complaint at 3:16am on that date was found to be noise within acceptable levels, the second at 3:59am was found to be excessive noise and a Excessive Noise Direction was served on the property causing the noise. plumber. They say they were not aware of the noise, and how it would impact them, until after they had moved into the Premises.
The Tenants did not rely on the purchase of the Sunnynook Property as a change in their circumstances. The Tenants say they did not disclose the purchase to the Landlord because they considered it their private business.
The Tenants say if the fixed-term tenancy is not terminated they will face financial hardship as Mr Zhu’s income does not cover both the rent at the Premises and their mortgage at the Sunnynook Property. 2
A fixed-term tenancy sets a defined period for a tenancy agreement, offering stability for both landlord and tenant. A tenant is guaranteed a home for the agreed-upon term, and a landlord has certainty about rental income and vacancy periods. Fixed-term tenancies are not easily terminated by the Tribunal, in fact they may only be ended by the Tribunal if all three of the above criteria (at [9]) are met.
In this case, I am not satisfied the first of the three criteria has been proved. That is, I am not satisfied there has been an unforeseen change in the Tenants’ circumstances. The Premises are located on the corner of Mantra Road and Don Buck Road in Massey, Auckland. Don Buck Road is a relatively busy arterial route that runs from Westgate to Swanson. The noise of passing vehicles is expected in such an area, and is not unforeseen. The Tenants had been living in the area for 2 – 3 months prior to moving into the Premises and had ample time to familiarise themselves with the area. I am also not satisfied that noise disturbance from neighbours is an unforeseen change in the Tenants’ circumstances. It is not a circumstance specific to the Tenants.
Furthermore, I am not satisfied that either of those reasons – traffic noise and/or noise from neighbours is the real reason the Tenants wish to end the fixed-term tenancy. At the hearing, the Property Managers appearing on behalf of the Landlord stated they manage all eight units at 2 Mantra Road, and have not had any complaints from other units about noise. The Property Managers submitted the real reason the Tenants wanted to end the fixed-term tenancy was that in April they entered into a sale and purchase agreement to purchase the Sunnynook Property, with a settlement date of 30 June 2025. The Landlord says they only discovered the purchase of the Sunnynook Property on the day of the hearing, when checking publicly available sale information.
I agree with the Property Managers. I am satisfied it is more likely than not that the Tenants wanted to end the fixed-term tenancy because they had purchased the Sunnynook Property, and not due to noise complaints. That is consistent with the timing of their request to end the fixed-term tenancy, that is that it was 2 Mr Zhu provided evidence of his weekly wages. Mr Zhu stated his wife Ms Huang does not earn an income. first made on 13 May 2025 after entering into the sale and purchase agreement for the Sunnynook Property on 21 April 2025. It is also consistent with the Tenants’ email requests to end the tenancy by 30 June 2025 – the same day as settlement on the Sunnynook Property. 3 Although not relied upon by the Tenants, I note that their purchase of a new property, and therefore their decision to take on the burden of a mortgage, is an entirely foreseeable change in circumstances and would not be a basis on which the fixed-term tenancy could be terminated by the Tribunal.
Given my finding that there has not been an unforeseen change in the Tenants’ circumstances, I have not gone on to consider whether there would be severe hardship to the Tenants if the term is not reduced, or whether that hardship would be greater than the hardship to the Landlord if the term is reduced.
The Tenants’ application seeking an order that the fixed-term tenancy be reduced is dismissed. The parties have agreed to terms by which the fixed-term tenancy may come to an early end. Those terms, as recorded by email dated 19 and 20 May 2025, are binding on the parties.
For clarity, the Tenants are liable to continue paying rent as it falls due until a new tenancy commences, or until the expiry of the fixed-term, whichever occurs first.

Should the bond be refunded?

As the tenancy has not come to an end, the bond is not to be refunded. The bond is to remain with the Bond Centre until the end of the tenancy. Should the tenant’s name be suppressed?
The Tenants sought name suppression. The Tenants were not successful in their application and there is nothing to warrant a departure from the principle of open justice, therefore, I do not make any suppression orders.

Tenancy Tribunal case 5291936 — Tenancy dispute at Unit/Flat 2, 2A Mantra Road, Massey, Auckland 0614

At a glance

Claims & awards

Tenancy Tribunal case 5291936 — Tenancy dispute at Unit/Flat 2, 2A Mantra Road, Massey, Auckland 0614

At a glance

Claims & awards

Order

Reasons

Are there grounds for the Tribunal to reduce the fixed-term tenancy?

Should the bond be refunded?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Are there grounds for the Tribunal to reduce the fixed-term tenancy?

Should the bond be refunded?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions