What was Tenancy Tribunal case 5315359 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s and landlord’s names and

How much money was awarded in case 5315359?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5315359?

The dispute type was not classified.

Where can I read the official tribunal order for case 5315359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12304710-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5315359 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s and landlord’s names and

How much money was awarded in case 5315359?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5315359?

The dispute type was not classified.

Where can I read the official tribunal order for case 5315359?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12304710-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5315359 — Tenancy dispute

Order

The Tribunal orders suppression of the tenant’s and landlord’s names and identifying details.
The application for reduction of the fixed term tenancy of [The tenant/s] at [Tenancy address suppressed] is dismissed.

Reasons

Both parties attended the hearing on 21 August 2025 by telephone.
The parties signed a residential tenancy agreement for a fixed term from 21 February 2025 to 21 February 2026. The weekly rent is $740.00.
On 29 July 2025 the tenant applied for reduction of the fixed term tenancy. Relevant Law
Pursuant to section 66 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. Analysis
The tenant explained that her workplace is undergoing a restructure, which is ongoing, however she expects to face a salary reduction within the next couple of weeks and may ultimately be made redundant.
This is something that is obviously outside the tenant’s control. I am satisfied that there has been an unforeseen change in the tenant's circumstances – her job is insecure, and she faces the possibility of losing her employment.
It is not clear that the tenant will definitely suffer severe hardship, because of the changed circumstances, if the term of the tenancy is not reduced. The outcome of the restructuring is unknown. The tenant may not lose her job and may not suffer a reduction in income. Any reduction in earnings may not affect the tenant’s ability to alter her budget so that she can continue to pay the rent. The situation is uncertain.
The owners would suffer hardship if the term was reduced. The Tribunal received a written statement from the owner. I will not recount all the details, which include personal information. In essence, the owner says that they are currently living on a single income and require the rent payments to meet home loan obligations in Australia and New Zealand. Without the rental income from the premises, they would be unable to meet these commitments, and this could cause serious financial harm. Their monthly loan commitments are more than their monthly net income.
In view of the owner’s evidence, I am not satisfied that the tenant’s hardship would be greater than the owner’s hardship. Both parties are facing hardship. The tenant’s hardship is subject to future contingencies. The owner’s hardship appears to be extant. The best possible outcome for the parties is that new tenants are found urgently.
There was discussion about the expenses the landlord can recover pursuant to section 44A of the Act. If there is a dispute about the expenses once new tenants have signed a tenancy agreement, the Tribunal can determine whether the expenses are recoverable under section 44A. The matter does not need to be resolved now but hopefully the discussion clarified things a bit for the parties.
I would like to note that this decision does not preclude a further application by the tenant under section 66 in the future. Filing Fee and Name Suppression
I have granted both parties suppression although it was not claimed. This means that the parties’ names will not appear in the Tenancy Services database when the decision is published online.
I consider the parties’ privacy interests outweigh the public interest in open justice in this case. If suppression is objected to, the order can be amended on request prior to publication.

Reasons

Both parties attended the hearing on 21 August 2025 by telephone.

The parties signed a residential tenancy agreement for a fixed term from 21 February 2025 to 21 February 2026. The weekly rent is $740.00.

On 29 July 2025 the tenant applied for reduction of the fixed term tenancy. Relevant Law

Pursuant to section 66 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. Analysis

The tenant explained that her workplace is undergoing a restructure, which is ongoing, however she expects to face a salary reduction within the next couple of weeks and may ultimately be made redundant.

This is something that is obviously outside the tenant’s control. I am satisfied that there has been an unforeseen change in the tenant's circumstances – her job is insecure, and she faces the possibility of losing her employment.

It is not clear that the tenant will definitely suffer severe hardship, because of the changed circumstances, if the term of the tenancy is not reduced. The outcome of the restructuring is unknown. The tenant may not lose her job and may not suffer a reduction in income. Any reduction in earnings may not affect the tenant’s ability to alter her budget so that she can continue to pay the rent. The situation is uncertain.

The owners would suffer hardship if the term was reduced. The Tribunal received a written statement from the owner. I will not recount all the details, which include personal information. In essence, the owner says that they are currently living on a single income and require the rent payments to meet home loan obligations in Australia and New Zealand. Without the rental income from the premises, they would be unable to meet these commitments, and this could cause serious financial harm. Their monthly loan commitments are more than their monthly net income.

In view of the owner’s evidence, I am not satisfied that the tenant’s hardship would be greater than the owner’s hardship. Both parties are facing hardship. The tenant’s hardship is subject to future contingencies. The owner’s hardship appears to be extant. The best possible outcome for the parties is that new tenants are found urgently.

There was discussion about the expenses the landlord can recover pursuant to section 44A of the Act. If there is a dispute about the expenses once new tenants have signed a tenancy agreement, the Tribunal can determine whether the expenses are recoverable under section 44A. The matter does not need to be resolved now but hopefully the discussion clarified things a bit for the parties.

I would like to note that this decision does not preclude a further application by the tenant under section 66 in the future. Filing Fee and Name Suppression

I have granted both parties suppression although it was not claimed. This means that the parties’ names will not appear in the Tenancy Services database when the decision is published online.

I consider the parties’ privacy interests outweigh the public interest in open justice in this case. If suppression is objected to, the order can be amended on request prior to publication.

Tenancy Tribunal case 5315359 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5315359 — 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