What was Tenancy Tribunal case 5384763 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 5384763?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5384763?

The dispute type was not classified.

Where can I read the official tribunal order for case 5384763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13409869-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5384763 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 5384763?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5384763?

The dispute type was not classified.

Where can I read the official tribunal order for case 5384763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13409869-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5384763 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of all Tenant and Landlord names and identifying details. The initials of the parties can remain in the published order.
The application is dismissed.

Reasons

This is a joint tenancy of two tenants and one of the tenants [Tenant 1] has applied to the Tribunal. On 7 November 2025, she applied for reduction of the fixed-term tenancy which started on 31 May 2025 and is due to end on 30 May 2026.
[Tenant 1] and a representative for the landlords attended a first hearing. The other tenant [Tenant 2] did not know about the hearing or the application because she was not named as a party to the proceedings. I was able to phone and speak to [Tenant 2] during that hearing however afterwards she requested that a second hearing be held so that she had time to consider the situation and prepare what she wanted to say.
I agreed to have a second hearing because my decision on [Tenant 1]’s application will affect [Tenant 2]. If I was to end the tenancy early, this would end the tenancy for [Tenant 2] as well as for [Tenant 1]. This is because the landlords don’t have a separate tenancy with each tenant. They have one tenancy with both tenants and both tenants are legally responsible for all rent and other obligations.
Both [Tenant 1] and [Tenant 2] attended the second hearing (held remotely) as well as the landlords’ representative.
[Tenant 2] confirmed in both hearings that she does not want the tenancy to end early and does not want to take on a new tenancy where she is solely liable. She explained that she works away from home a lot and to find somewhere else to live or a new flatmate is very time consuming. The law on fixed term tenancies
A tenancy for a fixed term is a binding legal contract and, under normal circumstances, 1 cannot be ended by either party giving notice to the other.
The contract includes a requirement that the tenant/s pay rent until at least the expiry date of the fixed term. 2
A landlord and tenant can agree to end a fixed term tenancy early; section 50(1)(d) Residential Tenancies Act 1986 (RTA).
Any such agreement usually includes a condition that the tenant/s are liable to continue to pay rent in accordance with the tenancy agreement until a new tenant is approved by the landlord or the fixed term expires (whichever occurs first). This obligation is included in the tenancy agreement between the parties. 3
A tenant has a legal right to assign a tenancy with the prior written consent of a landlord and in accordance with reasonable conditions attached to that consent by the landlord; section 43B(1) RTA.
An “assignment” of a tenancy is a transfer to another person of all the rights that a tenant has under a tenancy agreement; section 2 RTA. 1 A fixed term tenancy can be terminated by the giving of notice in the specific circumstances listed in section 50(1) and section 56B of the Residential Tenancies Act 1986 which include where premises are unlawful, uninhabitable, a tenant has been charged with assault on a landlord, or a tenant has withdrawn from the tenancy due to proven family violence. 2 Section 4, clause 3 of the tenancy agreement. 3 Section 4, clause 40 of the tenancy agreement.
A landlord is entitled to recover from a tenant any expenses reasonably incurred in respect of an assignment or early ending of the tenancy; s44A RTA.
In certain circumstances, the Tenancy Tribunal may make an order to reduce a fixed term tenancy. This includes 4 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.
The bar for such an order is high. The tenant must prove an unforeseen change in their circumstances and that to remain in the fixed term tenancy would cause severe hardship.
In that situation, even if the Tribunal does agree to shorten the term, it may still award reasonable compensation to the landlord for any loss which would result; s66(2) RTA. Can an application to reduce a fixed term tenancy be made by less than all the tenants?
The first issue to decide is whether an application to reduce a fixed term tenancy can be made by fewer than all the joint tenants. There is a difference of view about this in previous Tribunal decisions.
I agree with the decision of Adjudicator Prowse in [2024] NZTT 4925973 that it would be unfair to prevent joint tenants (or joint landlords) from making an application merely because not all the co-tenants (or co-landlords) agreed to do so. As she pointed out, this would mean that if one tenant was diagnosed with a terminal illness and would suffer severe hardship if required to continue the tenancy, but the other tenants did not want to end the tenancy, then the unwell tenant would not even have the chance to make an application.
The purpose of section 66 RTA is to give a pathway for the Tribunal to consider unforeseen circumstances and balance any hardship which would result if the tenancy term was not reduced.
My decision is that [Tenant 1] can make this application without the consent of [Tenant 2]. However, because my decision will affect [Tenant 2] as well as [Tenant 1] and the landlord, [Tenant 2] should have been named in the 4 In section 66 RTA. application as second respondent. This makes sure she knows about the proceedings and can give her views.
I added [Tenant 2] as a second respondent in my first order. Has there been an unforeseen change in [Tenant 1]’s circumstances?
Unforeseen means unexpected, without warning, or the reverse of “foreseen”, not liable to result, unlikely and not a serious possibility, or not a real risk. 5
[Tenant 1] says there has been an unforeseen change in her medical circumstances in that the symptoms of a chronic medical condition she suffers from (endometriosis) significantly worsened from about August 2025. She explained that the pain, dizziness, and physical immobility she suffers cannot be physically or psychologically managed on her own, so she has moved out of the tenancy premises to live with family.
She further explained that an ultrasound scan and medical advice have persuaded her she would be wise to begin fertility treatment as soon as it becomes available if she wants to try to have a child. The public waiting list is long, and she has been told she will probably have to pay for part of the treatment privately. [Tenant 1] said that she has no definite timeframe or cost estimate, but indications are that availability will be sometime this year and costs anywhere from $5,000 to $20,000.
A medical certificate was provided from a doctor dated 28 October 2025. The certificate says:-
No other medical or financial evidence was supplied by [Tenant 1]
The medical certificate provides only limited information. It does not help me understand when and how [Tenant 1]’s condition worsened.
Neither is there supporting information or evidence to help me assess the urgency of the fertility issues.
Despite this, I have decided to accept that [Tenant 1] has been affected by an unforeseen change in her medical circumstances meaning she needs more day-to-day support from family. My decision is based on the medical certificate and [Tenant 1]’s oral evidence.

Will the applicant suffer severe hardship if the term of the tenancy is not reduced?

5 From Stewart Benson, Residential Tenancy Law in New Zealand, Thomson Reuters [2018].

[Tenant 1] must also show that she would suffer severe hardship if the term of the tenancy was not reduced.
[Tenant 1] has moved home to live with family. Fortunately, she does not have to pay rent at home. She said she would start to pay board at home if this tenancy was ended early.
[Tenant 1] emphasised the need for her to start saving as much money as possible so that she could pay for IVF treatment as soon as the opportunity for this arose.
The difficulty I have is that there was no financial evidence or details provided by [Tenant 1]. Neither was there any information about when the IVF treatment option may come up.
Unfortunately, this means [Tenant 1] has not shown she would suffer severe hardship if she is required to keep paying rent until either a replacement tenant is found for her, or the fixed term ends.
I accept that if a replacement tenant cannot be found, [Tenant 1] will not be able to save as much money. However, there is no evidence to show she will suffer severe hardship.
In making this decision, I have taken into account the impact on [Tenant 2]. If I had ended the tenancy or reduced the term, she would have been forced to vacate or be liable for the full amount of the weekly rent. I also would have awarded compensation to the landlord for the loss it would suffer. This compensation would have been paid from the bond so would also have affected [Tenant 2]. Final comments
[Tenant 1]’s application to reduce the term of the tenancy is dismissed.
I have sympathy for both tenants and for the landlord. It is a difficult situation.
I note the willingness of the landlord to consider any prospective replacement tenant and to discuss options with [Tenant 2] that may work for her and her partner.
I suppress the names of both tenants and the landlord. [Tenant 1] has not been successful, but the medical evidence is genuine, so her privacy outweighs the public interest. [Tenant 2] and the landlord are entitled to suppression because their objection to the application has been upheld.

Tenancy Tribunal case 5384763 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5384763 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Will the applicant suffer severe hardship if the term of the tenancy is not reduced?

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Will the applicant suffer severe hardship if the term of the tenancy is not reduced?

Residential Tenancies Act sections

Frequently asked questions