Published tribunal order
Tenancy Tribunal case 5375364 — Rent arrears
Decided 30 Apr 2026 · Published 30 Apr 2026 · Application 5375364
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- The Bond Centre is to pay the bond of $3,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- Jun Shi must pay [The landlord/s] $3,608.00 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing on 28 April 2026.
- The tenant applied for a reduction of the fixed-term tenancy and refund of the bond. 5375364, 53805292
- The landlord made a cross-application seeking for rent arrears, refund of the bond, and compensation for break-lease fee. Background
- The background to the tenancy is as follows.
- On 12 October 2025, the parties signed a one-year fixed-term tenancy agreement commencing on 20 October 2025. The tenant had one viewing before signing up to the tenancy.
- On the first day of the tenancy, the tenant verbally raised several issues regarding the conditions of the premises. The tenant requested to postpone the tenancy commencement date by 2 to 3 days due to the concerns raised. The landlord did not agree to this request.
- On the following day, the tenant emailed the landlord alleging that the premises was not in a reasonably clean and habitable condition pursuant to section 59 of the Residential Tenancies Act 1986. The issues identified included mould on the dishwasher hinge, an odour from the sink, a non-functioning garage door and a non-operational burglar alarm. On the same day, the tenant returned the key to the landlord.
- The landlord attended to the issues promptly and informed the tenant of the tenant’s obligations under a fixed-term tenancy. However, the tenant did not pay any rent or move in.
- On 23 October 2025 relisted the premises for rental.
- A new tenancy began on 20 October 2025. Tenant’s application for reduction of the fixed-term tenancy
- 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.
- In this case, the tenant has not put forward any unforeseen change in the tenant’s circumstances. The tenant explained that the landlord’s attitude to the issues raised by the tenant suggested that the landlord was going to be a difficult landlord. That is why the tenant wanted to terminate the tenancy. 5375364, 53805293
- The tenant never actually moved into the premises as he was planning to use the first few days to move his belongings in. He was able to extend his previous tenancy and continued living there instead.
- As there has not been any unforeseen change in the tenant’s circumstances, I cannot grant the tenant’s application for reduction of the fixed-term tenancy. The issues raised by the tenant in terms of the premises maintenance are not such that cancellation of the tenancy is possible.
- Therefore, I decline the tenant’s application. Landlord’s application for rent arrears and compensation
- The landlord sought for rent arrears of $5,940.00. This was the rent payable up to 19 December 2025 as new tenants took the premises from 20 December 2025.
- The landlord relisted the premises promptly to mitigate the loss caused by the tenant’s breach.
- Under a fixed-term tenancy, the tenant is liable to pay rent up to the end of the fixed-term tenancy or until a new tenant is found.
- I order the tenant to pay the landlord $5,940.00 for rent arrears.
- I order the tenant to pay the landlord $720.00 being the costs associated with finding the subsequent tenant.
- Lastly, as the landlord has wholly succeeded with the claim, the tenant must reimburse the landlord’s filing fee.
- The bond held at the Bond Centre will be refunded to the landlord to offset the amount payable by the tenant.