What was Tenancy Tribunal case 5329140 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 5329140?

Break Lease Fee: $593.46 awarded to landlord; Filing Fee: $28.00 awarded to landlord; January 2026: $648.57 awarded to landlord; Rent Arrears: $1,440.00 awarded to landlord

What type of tenancy dispute was case 5329140?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12609913-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5329140 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 5329140?

Break Lease Fee: $593.46 awarded to landlord; Filing Fee: $28.00 awarded to landlord; January 2026: $648.57 awarded to landlord; Rent Arrears: $1,440.00 awarded to landlord

What type of tenancy dispute was case 5329140?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5329140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12609913-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 7A, 26 Glenmore Street, Northland, Wellington Tenancy Tribunal Case 5329140 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5329140 — net $1,030.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears from 14 May - 6 June 2025	$1,440.00		Rent arrears from 14 May - 6 June 2025
Break lease fee	$593.46		Break lease fee
January 2026	$648.57		January 2026
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond refunded by consent		$1,680.00	Bond refunded by consent
Total award	$2,710.03	$1,680.00
Net award	$1,030.03
Total payable by Tenant to Landlord	$1,030.03

Both parties attended the hearing.

The tenant has applied for reduction of the fixed-term tenancy which ended on 6 June 2025. She agreed to pay the break lease invoice, but can no longer afford to pay the $20 rent subsidy she agreed to before the end of the tenancy. The landlord has applied for rent arrears to the end of the tenancy. The questions I have to decide include: • Should I reduce the fixed term tenancy? • Should the tenant pay the subsidy? • How much is owed in rent?

Should I reduce the fixed term tenancy?

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 s 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: 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 tenant submitted that she was made redundant and was unbale to find another job. This means her visa was not renewed in June and she had to leave the country. She did the right thing when her visa was not renewed and worked with the landlord to find a new tenant. She said that being made redundant was an unforeseen change in her circumstances, which caused severe hardship. She is currently living with a parent, still looking for work, and has no ability to pay more money to the landlord. In reply the landlord said there was no unforeseen change because the tenant knew when she signed the tenancy agreement that her visa ran out in June, and that it might not get renewed.

I am more persuaded by the landlord’s submission. I find there was no unforeseen change in circumstances. The application to reduce the term of the tenancy is dismissed.

Should the tenant pay the subsidy?

The tenant agreed to subsidise the new tenant’s rent by $20 a week. This was done in an effort to secure a new tenant before the tenant left the country. I have read the emails and I find this was a valid agreement the tenant made which I will not interfere with it now. The subsidy should be paid.

How much is owed in rent?

The landlord has claimed rent arrears. I have calculated the amount owed by the tenant.

I have not included the amount the landlord took from the bond for a new shower curtain, new mattress protector, and light bulb. The landlord’s submission is these were missing at the end of the tenancy, and he provided a final inspection as supporting evidence. The tenant did not agree she removed these items. It is not clear from the final inspection report that the items were missing, nor does it record that the tenant was responsible for these costs, so I have not made an allowance for them in my calculations. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants owe money at the end of a tenancy. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5329140 — net $1,030.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears from 14 May - 6 June 2025	$1,440.00		Rent arrears from 14 May - 6 June 2025
Break lease fee	$593.46		Break lease fee
January 2026	$648.57		January 2026
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond refunded by consent		$1,680.00	Bond refunded by consent
Total award	$2,710.03	$1,680.00
Net award	$1,030.03
Total payable by Tenant to Landlord	$1,030.03

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Gabriela Victoria Freire - Onate must pay [The landlord/s] $1,030.03 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy which ended on 6 June 2025. She agreed to pay the break lease invoice, but can no longer afford to pay the $20 rent subsidy she agreed to before the end of the tenancy. The landlord has applied for rent arrears to the end of the tenancy. The questions I have to decide include: • Should I reduce the fixed term tenancy? • Should the tenant pay the subsidy? • How much is owed in rent?

Should I reduce the fixed term tenancy?

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 s 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: 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 tenant submitted that she was made redundant and was unbale to find another job. This means her visa was not renewed in June and she had to leave the country. She did the right thing when her visa was not renewed and worked with the landlord to find a new tenant. She said that being made redundant was an unforeseen change in her circumstances, which caused severe hardship. She is currently living with a parent, still looking for work, and has no ability to pay more money to the landlord. In reply the landlord said there was no unforeseen change because the tenant knew when she signed the tenancy agreement that her visa ran out in June, and that it might not get renewed.
I am more persuaded by the landlord’s submission. I find there was no unforeseen change in circumstances. The application to reduce the term of the tenancy is dismissed.

Should the tenant pay the subsidy?

The tenant agreed to subsidise the new tenant’s rent by $20 a week. This was done in an effort to secure a new tenant before the tenant left the country. I have read the emails and I find this was a valid agreement the tenant made which I will not interfere with it now. The subsidy should be paid.

How much is owed in rent?

The landlord has claimed rent arrears. I have calculated the amount owed by the tenant.
I have not included the amount the landlord took from the bond for a new shower curtain, new mattress protector, and light bulb. The landlord’s submission is these were missing at the end of the tenancy, and he provided a final inspection as supporting evidence. The tenant did not agree she removed these items. It is not clear from the final inspection report that the items were missing, nor does it record that the tenant was responsible for these costs, so I have not made an allowance for them in my calculations. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants owe money at the end of a tenancy. See section 95A RTA.

Tenancy Tribunal case 5329140 — Rent arrears at Unit/Flat Unit 7A, 26 Glenmore Street, Northland, Wellington

At a glance

Tenancy Tribunal case 5329140 — Rent arrears at Unit/Flat Unit 7A, 26 Glenmore Street, Northland, Wellington

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I reduce the fixed term tenancy?

Should the tenant pay the subsidy?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Should I reduce the fixed term tenancy?

Should the tenant pay the subsidy?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions