What was Tenancy Tribunal case 5323088 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 5323088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5323088?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5323088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12388057-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5323088 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 5323088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5323088?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5323088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12388057-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5323088 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s name and identifying details.
The term of the fixed-term tenancy of all at [Tenancy address suppressed] is reduced and now ends immediately.
As explained to the parties during the hearing the issue of the payment of the bond is outside of the occasion which is before me, and this decision does not be party’s rights with regard to any issues relating to the bond.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 30 January 2026.
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. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenants’ circumstances. This tenancy was initially entered into as a result of the tenants’ separating. They currently are not an occupation at the tenancy having moved into another tenancy which is in Ms [The tenant/s]’s name. Since the tenancy began Ms [The tenant/s]’s employment circumstances have changed. Due to a change of employer, she has had to suspend her studies, and so while her salary income has increased slightly, she has lost a study grant of $600 a fortnight, and has also had a reduction in her working for families credits. This combined with a fall in income of approximately $100 a week for Mr [The applicant/s], means that the tenants are approximately $400 a week worse off than they were at the start of the tenancy. Additionally, evidence has been provided of a loss of income from Ms [The tenant/s]’s side business, and of mounting debts, and increased living costs.
Ms [The tenant/s] has taken out loans, however, her position is not currently sustainable. [The tenant/s] has provided a copy of her weekly budget, she is currently paying 60% of her income towards rent. My sense is that the continued reliance on Mr [The applicant/s] is also placing stress on family relations. While separated the tenant share a daughter.
The parties had entered into a break lease agreement on 2 July 2025, with an agreed fee of $1080 to cover re-letting costs, of which $230 was part paid and the rest is to be recovered from the bond. The property has been marketed however there is yet to be a replacement tenant found.
I conclude that the tenant will suffer severe hardship if the term of the tenancy is not reduced. I asked [The tenant/s] what the outcome would be if the situation were to continue. Her response was that despite having good jobs and working hard, they were not able to cover even their most basic costs, their debts were increasing, and they were unable to provide birthday presents for their daughter. I note that there have been sporadic rent arrears in the past, which have been caught up on. I accept that the position is not sustainable.
There will be a level of financial hardship if there is period without rent. However, the landlord did not have details of the owner’s financial position to enable assessment of the extent of this hardship
I find that the tenant’s hardship would be greater than the landlord’s.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986. However, as a break fee has really been agreed any losses beyond rent will largely fall within the break fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s name and identifying details.
The term of the fixed-term tenancy of all at [Tenancy address suppressed] is reduced and now ends immediately.
As explained to the parties during the hearing the issue of the payment of the bond is outside of the occasion which is before me, and this decision does not be party’s rights with regard to any issues relating to the bond.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 30 January 2026.
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. See section 66(1) Residential Tenancies Act 1986.
There has been an unforeseen change in the tenants’ circumstances. This tenancy was initially entered into as a result of the tenants’ separating. They currently are not an occupation at the tenancy having moved into another tenancy which is in Ms [The tenant/s]’s name. Since the tenancy began Ms [The tenant/s]’s employment circumstances have changed. Due to a change of employer, she has had to suspend her studies, and so while her salary income has increased slightly, she has lost a study grant of $600 a fortnight, and has also had a reduction in her working for families credits. This combined with a fall in income of approximately $100 a week for Mr [The applicant/s], means that the tenants are approximately $400 a week worse off than they were at the start of the tenancy. Additionally, evidence has been provided of a loss of income from Ms [The tenant/s]’s side business, and of mounting debts, and increased living costs.
Ms [The tenant/s] has taken out loans, however, her position is not currently sustainable. [The tenant/s] has provided a copy of her weekly budget, she is currently paying 60% of her income towards rent. My sense is that the continued reliance on Mr [The applicant/s] is also placing stress on family relations. While separated the tenant share a daughter.
The parties had entered into a break lease agreement on 2 July 2025, with an agreed fee of $1080 to cover re-letting costs, of which $230 was part paid and the rest is to be recovered from the bond. The property has been marketed however there is yet to be a replacement tenant found.
I conclude that the tenant will suffer severe hardship if the term of the tenancy is not reduced. I asked [The tenant/s] what the outcome would be if the situation were to continue. Her response was that despite having good jobs and working hard, they were not able to cover even their most basic costs, their debts were increasing, and they were unable to provide birthday presents for their daughter. I note that there have been sporadic rent arrears in the past, which have been caught up on. I accept that the position is not sustainable.
There will be a level of financial hardship if there is period without rent. However, the landlord did not have details of the owner’s financial position to enable assessment of the extent of this hardship
I find that the tenant’s hardship would be greater than the landlord’s.
Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986. However, as a break fee has really been agreed any losses beyond rent will largely fall within the break fee.

Tenancy Tribunal case 5323088 — Rent arrears

At a glance

Tenancy Tribunal case 5323088 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions