Published tribunal order
Tenancy Tribunal case 5402534 — Rent arrears at 149 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794
Decided 22 Jan 2026 · Published 22 Jan 2026 · Application 5402534
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenants’ names and identifying details must not be published.
- The term of the fixed-term tenancy of [The tenant/s] at 149 Postman Road, Dairy Flat, RD 4, Dairy Flat 0794 is reduced so that the fixed term ends at the expiry of 11 January 2026.
- The Bond Centre is to pay the bond of $6,000.00 to the landlord.
- [The tenants] must pay V & E Property Management Limited as agent for Ye Liang & Nan Liu $5,816.73 immediately. DescriptionLandlord Rubbish removal$1,538.00 Reletting costs$1,107.20 Rent for 27 December 2025 to 11 January 2026$3,642.86 Rent arrears to 26 December 2025$5,528.67 Total award$11,816.73 Bond$6,000.00 Total tenants owe the landlord$5,816.73
Reasons
- [Two of the tenants] attended the hearing for the tenants.
- Alex Melad-Slater and Emma He of V & E Property Management attended for the landlord.
- The tenants have applied for reduction of the fixed-term tenancy that began on 10 May 2025 and was meant to end on 9 May 2026.
- The landlord seeks orders for rent arrears, the cost of rubbish removal, and the costs to re-tenant the premises early.
- The main issues are whether the tenants meet the criteria for reducing the fixed term and if so on what date.
Should the Tribunal reduce the fixed term?
- On 1 December 2025, the tenants filed their application for reduction of the fixed term and submitted a memorandum that say (in part):
- Major and Unexpected Household Changes When we entered into the fixed-term tenancy, the household consisted of six adults, sharing the financial and practical responsibilities of the home. Since then: One adult occupant passed away unexpectedly, and Another adult occupant relocated due to personal circumstances. These events have reduced our household from six contributing adults down to four, which has fundamentally changed both the structure and financial viability of the tenancy. These changes were outside of our control. ...
- Emotional and Practical Hardship The household is still adjusting to the sudden loss of a member and the unexpected relocation of another. This has led to heightened stress among the remaining adults, affecting the home environment and my ability to care for my children and maintain my work-from-home responsibilities. The stress and grief within the household, combined with the financial strain, has made the tenancy emotionally and practically unsustainable Legal principles
- The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; 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. 1 Discussion
- There were originally five tenants. The tenants are closely-related family members consisting of a blended family of two parents and three adult children.
- A fifth person, a close friend of one of the tenants moved in with the tenants as a flatmate. He had his own room and contributed to rent. However, he moved out partway through the tenancy.
- The tenants say that an elderly grandmother also lived in the premises and used the small study as their bedroom (although the landlords say they had no knowledge of them living at the premises). Sadly, she passed away during the tenancy. The tenants say that therefore she ceased contributing to the rent also.
- One available solution to the loss of the two flatmates would have been to find new flatmates. However, Ms [tenant’s surname] was not prepared to get another flatmate whom she did not know because she had two vulnerable young children.
- Ms [tenant’s surname] second child arrived two months prematurely in June of 2025, which affected her ability to generate income and afford the rent.
- The tenants struggled to pay the rent and had concerns about meeting their rent obligations in future. Making matters worse, a rift developed between Ms [tenant’s surname] and other family members, leading them to want to live separately.
- Principal tenants should be aware that their flatmates – who are not locked into the fixed-term tenancy - may choose to leave for multifarious reasons. If one is self- employed, there is a risk that one’s employment income will vary whether due to premature childbirth or some other event. It is predictable that life will throw up stresses and strains and that even family members may fall out and may prefer not to live with the other family member as a result.
- The rent was high relative to the tenants’ combined income even prior to the problems they encountered. However, they were desperate to find accommodation and hoped to 1 See s 66(1) Residential Tenancies Act 1986 (RTA). generate income by fattening bobby calves – an endeavour that unfortunately did not work out.
- In isolation, the loss of flatmates who contributed to rent, the reduction in income, the family falling out, and the other matters mentioned were predictable. However, I am satisfied that in combination these factors were of such a number and degree they were not foreseen as likely to occur in combination.
- Therefore there was an unforeseen change in the tenants’ circumstances.
- The tenants have persuaded me that they would suffer severe hardship if the tenancy term were not reduced.
- The landlords in this case have a mortgage they must service. They will suffer hardship also by losing rent. However, if the reduction of the term is moderated their hardship will not be greater than the tenants’.
- The reduction should balance the parties’ respective hardship in a fair and pragmatic manner consistently with s 85(2) of the Residential Tenancies Act 1986, which provides: (2) The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
- I have decided it is just to order that the fixed term tenancy is reduced so that it ends on 11 January 2026 rather than 2 February 2026 (the day before a new tenancy begins). Conclusion
- As a result, the tenants must pay rent to the landlords for the period they remained living in the premises and for a further 16 days after they moved out.
- Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. 2 The tenants must also pay the landlords for their costs to re-tenancy the premises which are made up of the Trade Me advertising costs and the property manager’s fee.
- The landlords are left about $4,714.29 out of pocket due to loss of rent. That is the unfortunate result of the Tribunal finding that the fixed term is to be reduced. 2 RTA s 66(2).
- I add, the landlords treated the tenants kindly and fairly. They offered the tenants the opportunity to end the tenancy on 26 December 2025 without any penalty, which was more than they were required under law to do. V & E Property’s property managers dealt with the tenants professionally and competently. Rubbish removal
- The tenants do not dispute the landlord’s claim for the cost of rubbish removal. Filing fee
- Both parties have succeeded to some degree in their claims. No order is made for reimbursement of the filing fees. Non-publication
- The tenants seek an order for non-publication.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The tenants have substantially succeeded in the proceedings. I do not consider publication is in the public interest or justified because of the tenants’ conduct our any other circumstances of the case.
- Non-publication is ordered.