Tenantcheck Insights · Case study
Tenancy Tribunal case 5366462 — Tenancy dispute
Decided 12 Jan 2026 · Published 12 Jan 2026 · Application 5366462
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
S Munro
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The application is dismissed.
Reasons
- Both parties attended the hearing via video conference.
- The background to this case is that the applicant tenant took over from a previous tenant to a fixed term tenancy that commenced for her on 11 July 2025 and was to end on the 31 st January 2026.
- At the time she was working part time, about 25 hours as a caregiver. Her hours were cut in half on or about the start of September due to the lack of shifts available for her. These ceased altogether on or about 15 September. She ultimately resigned at the beginning of October.
- The tenant made her property manager aware of her situation.
- She moved to a friend’s place for two weeks before emailing and advising that she wanted the tenancy to end. She subsequently moved to the [Event location suppressed] back to her family. The remaining tenant mistakenly paid one weeks rent for her and I am told that Work and Income continue to pay her rent for her and deduct this from her benefit.
- The tenant filed an application to the Tribunal to terminate her part of the tenancy. The Law
- If one co-tenant applies for termination of a fixed term tenancy on hardship grounds under section 56A of the Residential Tenancies Act 1986, (the Act) the Tribunal must consider the hardship to all parties to the tenancy agreement. There were two other tenants on this tenancy agreement. One appeared via teleconference to give his evidence, and he represented the other tenant.
- Section 56A of the Act allows a landlord or a tenant to apply for termination on hardship grounds. When there is multiple co-tenants, the tribunal must consider the hardship to the applying tenant and the remaining co tenants, and of the landlord.
- If one co-tenant applies, the Tribunal will need to consider whether it is appropriate to terminate the tenancy for all of the tenants as the tenancy is one single legal entity. I must weigh up the hardship of the applicant against the hardship to the other tenants and the landlord. If the tenancy is terminated in this case, it will be terminated for all tenants.
- In this case the applicant is one of three co-tenants under the signed tenancy agreement for a fixed term tenancy. In considering this application, I must weigh the hardship to the applicant if the tenancy continues against the hardship to the other co- tenants and the landlord if the tenancy is terminated. I must consider the interest of all parties to the tenancy agreement.
- The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
- The applicant claimed that at the time of leaving the property she had no job and was in receipt of a benefit, she received an accommodation supplement and had a debt of $600 to another friend.
- She stated she had been diagnosed with depression around this time. Her flatmate accidently paid one week of her rent, $220.00 and this debt now remains outstanding regardless of promises to repay. She currently resides with her parents and her benefit is reduced due to the debt to Work and Income given they are paying her rent for the fixed term Tenancy. She now has the cost of running her car and phone, food and the debt that is increasing to Work and Income due to this rental agreement.
- She has been unable to secure employment.
- One of the remaining tenants gave evidence. He stated he felt that the applicant tenant had left her responsibility, that there was a delay in her advertising the room and he himself advertised the room because he was concerned that he would be named and ‘black marked’ if he was associated with a hearing of the Tribunal.
- He confirmed that he and his other tenant were both students.
- If this claim is successful, two students would be without accommodation. He confirmed that there would be agreement if another flatmate was found and he himself has attempted to assist the applicant tenant by listing the room for rent.
- Given the rent is not currently in arrears given that Work and Income are meeting the applicants tenant rent commitments there is no hardship to the landlord at this point in time.
- Given that the other tenants, if this application is successful would be without a home unless they each paid $110.00 more in rent to secure the property, the applicant has not satisfied me that it is more likely than not that the claim is proven. The tenant’s current debt is occurring and increasing because it is paying her rent that she signed up for and committed herself to. She confirmed she had no other debt at the time she left the property, shortly after her part time job came to an end.
- Therefore, the claim is dismissed, and the tenancy remains with the applicant tenant remaining liable for the weekly rent until an alternative person is found.
- I make a suppression order in this case to protect the interests of the remaining tenants and given the position that the applicant finds herself in.