What was Tenancy Tribunal case 5311400 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 5311400?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5311400?

The dispute type was not classified.

Where can I read the official tribunal order for case 5311400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12229124-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5311400 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 5311400?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5311400?

The dispute type was not classified.

Where can I read the official tribunal order for case 5311400?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12229124-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5311400 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11.59 pm on Thursday 28 August 2025.
All other claims are dismissed.

Reasons

The landlord and [Tenant 1] attended the hearing. [Tenant 2] did not attend the hearing.
Two tenants signed a fixed term tenancy agreement in February 2025. The end date is in February 2026. The tenants have separated and the tenant left at the house is struggling to pay rent and look after the children in her care. The tenant still living at the premises, [Tenant 1], has applied for an order ending the fixed term tenancy on 28 August 2025. The landlord also filed an application. The landlord has agreed the tenancy can end but wants the tenant to pay the costs of finding a new tenant, and rent until a new tenancy agreement is signed.
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in section 66 Residential Tenancies Act 1986 (RTA), which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
This is the tenant’s claim to prove. The landlord accepts there has been a separation. [Tenant 1] provided current information proving she receives $1610 a week from MSD. She states this is her only income. She does not have access to savings and there is no prospect of money coming from a matrimonial settlement before next February. The weekly rent is $1,300. [Tenant 1] said the $300 she has left after paying rent is not enough to pay bills and look after her children.
I find the separation was an unforeseen change in circumstances. I find the separation has resulted in severe hardship for the tenant. It seems most likely to me that [Tenant 1] cannot afford to look after her family after she pays the weekly rent.
I am required to consider hardship. The weighing of relative hardship is a question of fact to be assessed objectively in each case. The owner said she has significant mortgage payments to make and she needs consistent rent payments to meet her financial obligations with the bank. The tenant said she is worried the power will be disconnected and she is already missing meals to make sure there is enough food for the children.
I find [Tenant 1]’s hardship will be greater than the landlord’s hardship if the fixed term tenancy continues. [Tenant 1] has proved her claim. The fixed term tenancy will end on 28 August 2025.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.
The landlord wants the tenant to pay the reasonable costs of finding a new tenant but that is not an order I would usually make when ending a tenancy under section 66 RTA. The tenant does not have any spare money and so making her pay an extra amount would not be fair.
I am not persuaded I should allow compensation as provided for by section 66(2) RTA either because the landlord has three weeks to advertise and arrange viewings, and the tenant has agreed to access on 48 hours notice. The tenant will also make sure the dog(s) are not in the house or the garage when the landlord shows prospective tenants through, and it has been agreed the dog(s) can be contained in the tenant’s car during viewings. Other orders
Both parties can pay their own filing fees.
Both parties have made applications for suppression. I find the names of both parties should be suppressed because there has been no breach of the RTA and therefore no interest in the names. See section 95A RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11.59 pm on Thursday 28 August 2025.
All other claims are dismissed.

Reasons

The landlord and [Tenant 1] attended the hearing. [Tenant 2] did not attend the hearing.
Two tenants signed a fixed term tenancy agreement in February 2025. The end date is in February 2026. The tenants have separated and the tenant left at the house is struggling to pay rent and look after the children in her care. The tenant still living at the premises, [Tenant 1], has applied for an order ending the fixed term tenancy on 28 August 2025. The landlord also filed an application. The landlord has agreed the tenancy can end but wants the tenant to pay the costs of finding a new tenant, and rent until a new tenancy agreement is signed.
The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in section 66 Residential Tenancies Act 1986 (RTA), which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: • there has been a change in their circumstances • the change was unforeseen • the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced • the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
This is the tenant’s claim to prove. The landlord accepts there has been a separation. [Tenant 1] provided current information proving she receives $1610 a week from MSD. She states this is her only income. She does not have access to savings and there is no prospect of money coming from a matrimonial settlement before next February. The weekly rent is $1,300. [Tenant 1] said the $300 she has left after paying rent is not enough to pay bills and look after her children.
I find the separation was an unforeseen change in circumstances. I find the separation has resulted in severe hardship for the tenant. It seems most likely to me that [Tenant 1] cannot afford to look after her family after she pays the weekly rent.
I am required to consider hardship. The weighing of relative hardship is a question of fact to be assessed objectively in each case. The owner said she has significant mortgage payments to make and she needs consistent rent payments to meet her financial obligations with the bank. The tenant said she is worried the power will be disconnected and she is already missing meals to make sure there is enough food for the children.
I find [Tenant 1]’s hardship will be greater than the landlord’s hardship if the fixed term tenancy continues. [Tenant 1] has proved her claim. The fixed term tenancy will end on 28 August 2025.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.
The landlord wants the tenant to pay the reasonable costs of finding a new tenant but that is not an order I would usually make when ending a tenancy under section 66 RTA. The tenant does not have any spare money and so making her pay an extra amount would not be fair.
I am not persuaded I should allow compensation as provided for by section 66(2) RTA either because the landlord has three weeks to advertise and arrange viewings, and the tenant has agreed to access on 48 hours notice. The tenant will also make sure the dog(s) are not in the house or the garage when the landlord shows prospective tenants through, and it has been agreed the dog(s) can be contained in the tenant’s car during viewings. Other orders
Both parties can pay their own filing fees.
Both parties have made applications for suppression. I find the names of both parties should be suppressed because there has been no breach of the RTA and therefore no interest in the names. See section 95A RTA.

Tenancy Tribunal case 5311400 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5311400 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions