What was Tenancy Tribunal case 5396988 about?

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

How much money was awarded in case 5396988?

Reletting Fee: $500.00 awarded to landlord; Rent Arrears: $6,483.43 awarded to landlord

What type of tenancy dispute was case 5396988?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5396988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056769-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5396988 about?

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

How much money was awarded in case 5396988?

Reletting Fee: $500.00 awarded to landlord; Rent Arrears: $6,483.43 awarded to landlord

What type of tenancy dispute was case 5396988?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5396988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13056769-Tenancy_Tribunal_Order.pdf.

6B Mossburn Grove, Kelson, Lower Hutt 5010 Tenancy Tribunal Case 5396988 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5396988 — net $4,383.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 February 2026	$6,483.43	Rent arrears to 10 February 2026
Reletting fee	$500.00	Reletting fee
Net award	$4,383.43
Total payable by Tenant to Landlord	$4,383.43

[The tenant/s] and [The tenant/s] must pay Rentcare Property Management Limited $4,383.43 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,600.00 to Rentcare Property Management Limited immediately.

The term of the fixed-term tenancy of [The tenant/s] and [The tenant/s] at 6B Mossburn Grove, Kelson, Lower Hutt 5010 is reduced and now ends on 10 February 2026.

Reasons

Both parties attended the hearing.

The tenant has applied for reduction of the fixed-term tenancy due to end on 12 August 2026.

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.

Having heard from the tenant, I am satisfied there has been an unforeseen change in the tenant's circumstances causing them to relocate to Manuwatu due to loss of previous employment in Lower Hutt.

The tenant would suffer severe hardship if the term of the tenancy were not reduced.

While the landlord would suffer hardship if the term is reduced, 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.

I consider that 2 months is sufficient time for the landlord to relet the premises and secure new tenants. The landlord advised that despite advertising the premises after the 9 December 2025 mediation, the property is still not relet to date.

In Lehrer v Protheroe [CIV-2009-070-65] DC Tauranga, 19 October 2009, the District Court held that where the parties agree to the fixed term being reduced, or an application is made under section 66, there is a requirement that the landlord take reasonable steps to find a replacement tenant.

Following the approach by the District Court in Lehrer v Protheroe the landlord has a duty to take all reasonable steps to limit the loss arising from the tenant’s actual or anticipatory breach of contract. The Court in Lehrer capped the lost rent to only 2 months from the date of notice that the tenant will not be adhering to fixed term despite the premises not being actually relet before the 2 months.

Similarly, I consider it fair and reasonable to limit the tenant’s liability to 2 months from the date of mediation whereby the parties confirmed that the landlord would be reletting the premises afterwards.

Consequently rent may only be charged by the landlord until 10 February 2026.

The tenant also agreed at mediation to pay the costs of reletting of the premises.

I award the bond to the landlord in light of the substantial rent arrears to date and to the end of the reduced term of the tenancy on 10 February 2026.

Claims and awards in Tenancy Tribunal application 5396988 — net $4,383.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 February 2026	$6,483.43	Rent arrears to 10 February 2026
Reletting fee	$500.00	Reletting fee
Net award	$4,383.43
Total payable by Tenant to Landlord	$4,383.43

Order

[The tenant/s] and [The tenant/s] must pay Rentcare Property Management Limited $4,383.43 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,600.00 to Rentcare Property Management Limited immediately.
The term of the fixed-term tenancy of [The tenant/s] and [The tenant/s] at 6B Mossburn Grove, Kelson, Lower Hutt 5010 is reduced and now ends on 10 February 2026.

Reasons

Both parties attended the hearing.
The tenant has applied for reduction of the fixed-term tenancy due to end on 12 August 2026.
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.
Having heard from the tenant, I am satisfied there has been an unforeseen change in the tenant's circumstances causing them to relocate to Manuwatu due to loss of previous employment in Lower Hutt.
The tenant would suffer severe hardship if the term of the tenancy were not reduced.
While the landlord would suffer hardship if the term is reduced, 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.
I consider that 2 months is sufficient time for the landlord to relet the premises and secure new tenants. The landlord advised that despite advertising the premises after the 9 December 2025 mediation, the property is still not relet to date.
In Lehrer v Protheroe [CIV-2009-070-65] DC Tauranga, 19 October 2009, the District Court held that where the parties agree to the fixed term being reduced, or an application is made under section 66, there is a requirement that the landlord take reasonable steps to find a replacement tenant.
Following the approach by the District Court in Lehrer v Protheroe the landlord has a duty to take all reasonable steps to limit the loss arising from the tenant’s actual or anticipatory breach of contract. The Court in Lehrer capped the lost rent to only 2 months from the date of notice that the tenant will not be adhering to fixed term despite the premises not being actually relet before the 2 months.
Similarly, I consider it fair and reasonable to limit the tenant’s liability to 2 months from the date of mediation whereby the parties confirmed that the landlord would be reletting the premises afterwards.
Consequently rent may only be charged by the landlord until 10 February 2026.
The tenant also agreed at mediation to pay the costs of reletting of the premises.
I award the bond to the landlord in light of the substantial rent arrears to date and to the end of the reduced term of the tenancy on 10 February 2026.

Tenancy Tribunal case 5396988 — Rent arrears at 6B Mossburn Grove, Kelson, Lower Hutt 5010

At a glance

Tenancy Tribunal case 5396988 — Rent arrears at 6B Mossburn Grove, Kelson, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions