What was Tenancy Tribunal case 5339750 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 5339750?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $13,207.14 awarded to landlord

What type of tenancy dispute was case 5339750?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397660-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5339750 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 5339750?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $13,207.14 awarded to landlord

What type of tenancy dispute was case 5339750?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339750?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12397660-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5339750 — Rent arrears

Claims and awards in Tenancy Tribunal application 5339750 — net $13,235.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2025	$13,207.14	Rent arrears to 11 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,235.14
Total payable by Tenant to Landlord	$13,235.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
James Farrar’s application for reduction of the fixed term tenancy is dismissed.
James Farrar, Nathan Mulligan, Grace Hurndell and Mia Forey must pay [The landlord] $13,235.14 immediately (“the debt”), calculated as shown in table below.

Reasons

Both parties attended the hearing. James Farrar attended the hearing on behalf of all the tenant parties. He has confirmed that all four tenants are aware of the current and growing rent arrears.
The landlord has applied for rent arrears, and reimbursement of the filing fee.
Mr Farrar applied for reduction of the fixed term tenancy to mid-August when he moved out of the premise, and reimbursement of the filing fee. TENANT’S CLAIM Reduction of fixed term tenancy
There are four tenants that hold a fixed term tenancy with the landlord.
The fixed term commenced on 18 February 2024 and continues until 18 February 2026.
All four tenants are tenants in common and are jointly and severally liable for all tenant obligations under the tenancy agreement and in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”).
Mr Farrar incorrectly assumed that each tenant had a separate tenancy for each room they rent and that he could apply to the Tribunal to have his separate tenancy ended due to financial hardship. He stated that he lost his job, could not pay his share of the rent, and this unforeseen circumstance put the remaining tenants under financial duress. They have not been able to get another flatmate to replace Mr Farrar and cannot afford to pay the full weekly rent between the three of them.
Mr Farrar confirms he moved out of the flat around mid-August 2025 and has moved in with family while he seeks employment, in what he has found to be a very tight labour market.
The Tribunal has no jurisdiction to reduce the fixed term tenancy of all four tenants on the application of only one tenant. All four tenants would need to apply to the Tribunal to have the fixed term tenancy reduced due to this unforeseen circumstance having put them in a worse financial situation than the financial situation the owner of the property would be in if the fixed term was reduced. (Refer to s66 of the RTA).
Section 66 of the RTA sets a high threshold for reducing fixed term tenancies. The jurisdiction in this section of the RTA is an extension to the doctrine of frustration found in the general law of contract. In most cases, s66 is used to seek a balance between the competing interests of applicant tenants, for whom significant obligations under fixed term agreements can create severe hardship when circumstances unexpectedly turn against them, and landlords, who have financial obligations and expectations of their own arising from the same bargain.
Mr Farrar’s application is dismissed for want of jurisdiction.
It remains open to the tenant group to make a joint application for reduction of the fixed term tenancy, if they so choose. LANDLORD’S APPLICATION

How much is owed for rent?

The landlord provided rent records which prove the tenants owe $13,207.14 as at today (“the debt”). This debt has accrued because of them not paying rent for the weeks ending 6 May 2025,10 June 2025, 5 August 2025, 19 August 2025, 2 September 2025, 9 September 2025, and 11 September 2025.
The landlord has confirmed that the tenants have not contacted it to agree any sort of repayment plan nor to offer any explanation as to why they have ceased paying rent in breach of the tenancy agreement and their s40(1)(a) of the RTA obligations. This is what prompted its application.
Mr Farrar has confirmed that all four tenants are aware of the growing amount of rent arrears they jointly and severally owe to the landlord and that the amount owing is not disputed.
“Jointly and severally liable” means that each tenant is responsible for this entire debt, not just their proportional share. If one tenant is unable to pay their portion, the remaining tenants must cover the full debt amount to satisfy the obligation to the landlord set out in the tenancy agreement and s40(1)(a) of the RTA to “pay the rent as and when it is due and payable under the tenancy agreement”. This means the landlord can enforce this Order against any one or more of the liable tenants for payment of the total debt.

OTHER CLAIMS

Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because Mr Farrar has not wholly or substantially succeeded in his claim, I must dismiss his application for reimbursement of his filing fee. Name suppression
The landlord and Mr Farrar applies for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication of the landlord’s name and identifying details is ordered.
Mr Farrar has not wholly or substantially succeeded in his claim, I dismiss his application for name suppression. Given the significant amount of rent arrears owing by the tenants, and there being no repayment plan to address this debt, I consider publication of the four tenants name to be in the public interest and justified due to their conduct.

Claims and awards in Tenancy Tribunal application 5339750 — net $13,235.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 September 2025	$13,207.14	Rent arrears to 11 September 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$13,235.14
Total payable by Tenant to Landlord	$13,235.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
James Farrar’s application for reduction of the fixed term tenancy is dismissed.
James Farrar, Nathan Mulligan, Grace Hurndell and Mia Forey must pay [The landlord] $13,235.14 immediately (“the debt”), calculated as shown in table below.

Reasons

Both parties attended the hearing. James Farrar attended the hearing on behalf of all the tenant parties. He has confirmed that all four tenants are aware of the current and growing rent arrears.
The landlord has applied for rent arrears, and reimbursement of the filing fee.
Mr Farrar applied for reduction of the fixed term tenancy to mid-August when he moved out of the premise, and reimbursement of the filing fee. TENANT’S CLAIM Reduction of fixed term tenancy
There are four tenants that hold a fixed term tenancy with the landlord.
The fixed term commenced on 18 February 2024 and continues until 18 February 2026.
All four tenants are tenants in common and are jointly and severally liable for all tenant obligations under the tenancy agreement and in accordance with the provisions of the Residential Tenancies Act 1986 (“RTA”).
Mr Farrar incorrectly assumed that each tenant had a separate tenancy for each room they rent and that he could apply to the Tribunal to have his separate tenancy ended due to financial hardship. He stated that he lost his job, could not pay his share of the rent, and this unforeseen circumstance put the remaining tenants under financial duress. They have not been able to get another flatmate to replace Mr Farrar and cannot afford to pay the full weekly rent between the three of them.
Mr Farrar confirms he moved out of the flat around mid-August 2025 and has moved in with family while he seeks employment, in what he has found to be a very tight labour market.
The Tribunal has no jurisdiction to reduce the fixed term tenancy of all four tenants on the application of only one tenant. All four tenants would need to apply to the Tribunal to have the fixed term tenancy reduced due to this unforeseen circumstance having put them in a worse financial situation than the financial situation the owner of the property would be in if the fixed term was reduced. (Refer to s66 of the RTA).
Section 66 of the RTA sets a high threshold for reducing fixed term tenancies. The jurisdiction in this section of the RTA is an extension to the doctrine of frustration found in the general law of contract. In most cases, s66 is used to seek a balance between the competing interests of applicant tenants, for whom significant obligations under fixed term agreements can create severe hardship when circumstances unexpectedly turn against them, and landlords, who have financial obligations and expectations of their own arising from the same bargain.
Mr Farrar’s application is dismissed for want of jurisdiction.
It remains open to the tenant group to make a joint application for reduction of the fixed term tenancy, if they so choose. LANDLORD’S APPLICATION

How much is owed for rent?

The landlord provided rent records which prove the tenants owe $13,207.14 as at today (“the debt”). This debt has accrued because of them not paying rent for the weeks ending 6 May 2025,10 June 2025, 5 August 2025, 19 August 2025, 2 September 2025, 9 September 2025, and 11 September 2025.
The landlord has confirmed that the tenants have not contacted it to agree any sort of repayment plan nor to offer any explanation as to why they have ceased paying rent in breach of the tenancy agreement and their s40(1)(a) of the RTA obligations. This is what prompted its application.
Mr Farrar has confirmed that all four tenants are aware of the growing amount of rent arrears they jointly and severally owe to the landlord and that the amount owing is not disputed.
“Jointly and severally liable” means that each tenant is responsible for this entire debt, not just their proportional share. If one tenant is unable to pay their portion, the remaining tenants must cover the full debt amount to satisfy the obligation to the landlord set out in the tenancy agreement and s40(1)(a) of the RTA to “pay the rent as and when it is due and payable under the tenancy agreement”. This means the landlord can enforce this Order against any one or more of the liable tenants for payment of the total debt.

OTHER CLAIMS

Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because Mr Farrar has not wholly or substantially succeeded in his claim, I must dismiss his application for reimbursement of his filing fee. Name suppression
The landlord and Mr Farrar applies for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication of the landlord’s name and identifying details is ordered.
Mr Farrar has not wholly or substantially succeeded in his claim, I dismiss his application for name suppression. Given the significant amount of rent arrears owing by the tenants, and there being no repayment plan to address this debt, I consider publication of the four tenants name to be in the public interest and justified due to their conduct.

Tenancy Tribunal case 5339750 — Rent arrears

At a glance

Tenancy Tribunal case 5339750 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

OTHER CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

OTHER CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions