Published tribunal order
Tenancy Tribunal case 5400129 — Tenancy dispute
Decided 28 Jan 2026 · Published 28 Jan 2026 · Application 5400129
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 applicant and respondent’s names and identifying details.
- [The respondent] must pay [the applicant] $960.00 immediately, calculated as shown in table below.
Reasons
- The parties consented to me making this Order on the papers to reflect the agreement reached.
- The applicant applied for reduction of his fixed term tenancy, compensation for overpayment of rent, utilities and internet charges, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed to the applicant?
- The applicant applied to the Tribunal to be released from his fixed term tenancy early, because prior to him moving into the student accommodation, he was told by the respondent that his English level was four. After he arrived, the respondent placed him in level three and required him to attend three days of classes before a re-assessment. The respondent also recommended he miss the final withdrawal deadline. After the placement test, he was still placed in level three and had no choice but to withdraw from his course. He stats that he should get a refund of his bond and the remainder of his rent, utility and internet fees paid up front.
- [Name suppressed], on the respondent’s behalf, confirmed that it falls under the s5(1)(h) exclusion from the Residential Tenancies Act 1986 (RTA) and therefore the Tribunal has no jurisdiction over the applicant’s 14-day occupation of a room under a licence to occupy agreement.
- On 20 January 2026, the respondent made an offer to settle matters with the applicant, which the applicant accepted on 20 January 2026.
- This offer to settle is for a refund of half the NZD $1,920.00 paid by the applicant and that the $960.00 would be paid to the applicant on his emailing [Respondent name suppressed] accepting the offer.
- The parties have asked for their settlement agreement to be recorded as a consent order by the Tribunal. Name suppression
- The applicant has applied for name suppression. Although the applicant has not been wholly or substantially successful in his claims, I do not consider publication of the applicant or the respondent’s names and identifying details to be in the public interest or justified because of the parties conduct or any other circumstances of the case.
- Non-publication of the parties’ names and identifying details is ordered.