Published tribunal order
Tenancy Tribunal case 5370802 — Tenancy dispute
Decided 12 Nov 2025 · Published 12 Nov 2025 · Application 5370802
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the parties’ names and identifying details.
- The application is dismissed.
- Without limiting the tenants’ right to find suitable replacement tenants themselves, the landlord will immediately list the premises as available for rent on the following terms: a. initial listing rent will be the current rent of $1,025.00 per week; b. if the landlord’s view is that a rent reduction is required to secure a new tenancy, it may reduce the listed rent to $975.00 per week and the tenants will make up the difference for the rest of the fixed term; c. the premises will be vacant so the landlord can arrange viewings when it chooses, but will give the tenants advance notification; d. the expenses recoverable by the landlord will be limited to advertising and credit check costs and only those that represent expenses over and above the costs the landlord would have incurred had the tenancy run to the end of the fixed term.
Reasons
- Both parties attended the hearing which was held by teleconference.
- [One of the tenants] did not attend but it is accepted that he supports the application.
- The tenants have rented the property since 2 March 2023 while studying at Massey.
- There have been two one year renewals, so the current fixed term ends on 2 March 2026.
- With the end of their studies the tenants’ accommodation support is ending. They say it has been unexpectedly difficult to find work in Wellington and have returned home to find employment.
- The tenants have applied for reduction of the fixed-term tenancy.
- The Tribunal can reduce the fixed term tenancy if satisfied that: a. there has been an unforeseen change in the tenants’ circumstances; and b. there would be severe hardship to the tenants if the term is not reduced; and c. the tenants’ hardship would be greater than the hardship to the landlord if the term is reduced. 1
- I accept that the employment market in Wellington may have become more difficult since March 2025. It seems to me though that losing their accommodation support at the end of the academic year but having to pay rent through to the end of the fixed term, must have been possibility known to the tenants when they entered into the agreement.
- The hardship caused to the tenants if the fixed term is not reduced, will be financial. In the worst case scenario, between them they will continue having to pay $1,025.00 per week until the end of February 2026.
- That financial loss does not seem to me different in nature, or greater, than the loss of the same money that the landlord would incur if the fixed term were ended. 1 S.66 RTA
- The appropriate course is that everything possible be done to try and mitigate the tenants’ situation by establishing a replacement tenancy. The steps outlined in Order 3 are sensible and are agreed.