What was Tenancy Tribunal case 5348822 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Property Management

How much money was awarded in case 5348822?

Cleaning: $200.00 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Rent Arrears: $1,580.00 awarded to landlord; Rubbish Removal: $431.25 awarded to landlord

What type of tenancy dispute was case 5348822?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5348822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12849769-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5348822 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Property Management

How much money was awarded in case 5348822?

Cleaning: $200.00 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Rent Arrears: $1,580.00 awarded to landlord; Rubbish Removal: $431.25 awarded to landlord

What type of tenancy dispute was case 5348822?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5348822?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12849769-Tenancy_Tribunal_Order.pdf.

Unit/Flat C, 3 Strawberry Lane, Fernhill, Queenstown 9300 Tenancy Tribunal Case 5348822 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5348822 — net $884.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 October 2025	$1,580.00	Rent arrears to 13 October 2025
Rubbish removal	$431.25	Rubbish removal
Cleaning	$200.00	Cleaning
Lawns and Garden work	$253.00	Lawns and Garden work
Net award	$884.25
Total payable by Tenant to Landlord	$884.25

[The tenant/s] and [The tenant/s] must pay Property Management Specialists Limited As Agent For Talwar Trust $884.25 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,580.00 (BN-00109160) to Property Management Specialists Limited As Agent For Talwar Trust immediately.

The term of the fixed-term tenancy of [The tenant/s] and [The tenant/s] at Unit/Flat C, 3 Strawberry Lane, Fernhill, Queenstown 9300 is reduced and now ends on 13 October 2025.

[The tenant/s] and [The tenant/s] must pay Property Management Specialists Limited As Agent For Talwar Trust $2,464.25 immediately.

Reasons

Both parties attended the hearing by video. Background

The tenancy commenced on 26 November 2024 and was for a fixed term due to end on 25 November 2025.

The tenant has applied for refund of the bond and to be released from the fixed term tenancy early.

The landlord has applied for rent arrears (to the end of the fixed term) and compensation for vacated costs. Reduction of fixed term

The tenant has applied for reduction of the fixed-term tenancy due to end on 25 November 2025.

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 tenant's circumstances. The tenant had lost his employment, and his wife was no longer working due to health issues associated with her pregnancy.

On 10 September 2025 the tenant emailed the landlord advising that he had been unemployed for the past few months and his savings had reached the minimum. The landlord responded by saying that she would speak with the owner as he was overseas at the time.

On 12 September 2025 the tenant advised that they would move out the following Sunday (14 September 2025) and again on 14 September 2025 to advise that they had left the property, and the keys were in the letterbox.

On 19 September 2025 the landlord emailed the tenant three times. One email appears to be a standard email for when there are rent arrears. There is no information in the email in response to the tenant’s request to leave the tenancy due to hardship.

At the hearing the landlord said that there were phone conversations about this issue, but this is denied by the tenant.

The tenant had mistakenly believed that the tenancy agreement allowed for a four week notice period.

The landlord is not legally required to agree to the tenant’s request for early termination due to hardship. However, the landlord should engage in reasonable communication. Failure to respond is not a breach of the Residential Tenancies Act 1986, but it may be considered poor practice.

If the tenant vacates early due to hardship and the landlord does not re-let the property (for example, because they plan to sell), the landlord is not required to mitigate the loss by finding a new tenant for a fixed term tenancy that has been abandoned.

Instead, the tenant can apply to end the fixed term tenancy early, which has happened in this situation.

The tenant produced printouts of the balance of two bank accounts, one on 9 September 2025 showing a balance of $395.00 and the other on 20 October 2025 showing a balance of $1,674.01. The tenant provided email communication between his wife and her employer showing that she resigned from her employment on 28 August 2025 due to health issues.

At the hearing the tenant advised that he sold his car to cover expenses as he has been unable to secure employment. He has moved to Wellington and is currently living in a situation where he needs only pay rent when he gets a job. The tenant is not eligible for any government assistance due to his immigration status.

The tenant would suffer severe hardship if the term of the tenancy were not reduced. He does not have any income or government assistance. He is not currently paying rent and has sold his car to cover his living expenses.

The landlord would suffer hardship if the term is reduced. I am told that the landlord has health issues. The landlord owns this property (including the main house which is a separate tenancy) and another property where the landlord lives. There is no evidence of the landlord’s financial situation although I am aware that the investment property owned by the landlord is on the market for sale.

I find that the tenant’s hardship would be greater than the landlord’s hardship.

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.

The tenant sought that the fixed tenancy reduces to 14 September 2025, which is the day the tenant moved out. Instead, I reduce the tenancy to end on 13 October 2025 and the rent arrears up to that date are awarded to the landlord. Landlord’s application

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy was to end on 25 November 2025, but the Tribunal has reduced the tenancy to end on 13 October 2025. The rent arrears to that date is awarded to the landlord.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved. Name suppression

The tenant sought name suppression however suppression is not automatically granted to parties in the Tenancy Tribunal. It is generally only granted where a party is wholly or substantially successful in their application or defence, or where there are exceptional circumstances justifying suppression.

In this case, the tenant was only partially successful (they succeeded in reducing the fixed term but were still required to pay vacate costs) and therefore suppression is not usually granted unless there are compelling reasons. As there is no evidence of compelling reasons the application for name suppression is declined. Filing fee

As both parties have had some success with their applications I make no award for reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5348822 — net $884.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 October 2025	$1,580.00	Rent arrears to 13 October 2025
Rubbish removal	$431.25	Rubbish removal
Cleaning	$200.00	Cleaning
Lawns and Garden work	$253.00	Lawns and Garden work
Net award	$884.25
Total payable by Tenant to Landlord	$884.25