What was Tenancy Tribunal case 5432975 about?

The tribunal order states: Tenant application 5432975 is dismissed.

How much money was awarded in case 5432975?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,767.86 awarded to landlord

What type of tenancy dispute was case 5432975?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432975?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13486977-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5432975 about?

The tribunal order states: Tenant application 5432975 is dismissed.

How much money was awarded in case 5432975?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,767.86 awarded to landlord

What type of tenancy dispute was case 5432975?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432975?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13486977-Tenancy_Tribunal_Order.pdf.

16A Worcester Road, Meadowbank, Auckland 1072 Tenancy Tribunal Case 5432975 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5432975 — net $1,795.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 January 2026	$1,767.86	Rent arrears to 19 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,795.86
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,795.86

Tenant application 5432975 is dismissed.

[The tenant/s] must pay Barfoot & Thompson Limited As Agent For David Kelly $1,795.86 from the bond per the table below:

The Bond Centre is to pay the bond of $1,980.00 () immediately apportioned as follows: Barfoot & Thompson Limited As Agent For David Kelly: $1,795.86 [The tenant/s]: $184.14

Reasons

Both parties attended the hearing.

The tenant has applied for a reduction of the fixed-term tenancy.

The landlord has applied for rent arrears.

The tenancy has now ended (19 January 2026).

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

Should the fixed-term tenancy be reduced?

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.

There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.

The Tribunal has held that it cannot reduce the term of a fixed-term tenancy on the application of one of several co-tenants (Derbyshire v Mark & Maggies Property Company Ltd Wellington [2013] NZTT 1477WN).

The weighing of relative hardship is a question of fact to be assessed objectively in each case.

In this instance, I do not consider the tenant has established grounds for a reduction to the fixed-term tenancy. The relocation to Australia for employment reasons was an opportunity that was attractive and accepted. The change cannot be considered as unforeseen. The hurdle facing such claims were discussed and the likely outcome here foreshadowed at the hearing.

The tenant also submitted that she was unfamiliar with fixed-term tenancies (two were signed as part of this tenancy) and she expected the agent to provide better information on options. She did not seek information from any other source. I do not consider the agent acted in any way such that the obligations of the tenant might be negated by any failure, omission or tardiness of the landlord.

The impost on the tenant of paying rent for a premises when of no or little beneficial use or occupation was very real and a situation the tenant would prefer to avoid. That was well expressed and is understood.

Unfortunately, the obligations of the fixed-term tenancy were clearly stated and should have, or would have, been a factor considered by the tenant in any deciding on any subsequent change.

I do not need to consider the relative hardship given the finding that the change in circumstances was reasonably foreseeable and no grounds for a reduction exist.

The application for a reduction in the fixed-term is dismissed. That leaves a rent liability to be addressed.

Is rent in arrears?

The landlord provided a rent summary that confirmed the rent liability ended 22 January 2026. At that date, the rent summary was confirmed as $1,767.86.

The rent summary accounting was not disputed by the tenant.

The rent in arrears is awarded. Filing fee

Because the landlord has wholly succeeded with the claim I must reimburse it the filing fee.

Claims and awards in Tenancy Tribunal application 5432975 — net $1,795.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 January 2026	$1,767.86	Rent arrears to 19 January 2026
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,795.86
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,795.86

Order

Tenant application 5432975 is dismissed.
[The tenant/s] must pay Barfoot & Thompson Limited As Agent For David Kelly $1,795.86 from the bond per the table below:
The Bond Centre is to pay the bond of $1,980.00 () immediately apportioned as follows: Barfoot & Thompson Limited As Agent For David Kelly: $1,795.86 [The tenant/s]: $184.14

Reasons

Both parties attended the hearing.
The tenant has applied for a reduction of the fixed-term tenancy.
The landlord has applied for rent arrears.
The tenancy has now ended (19 January 2026).
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

Should the fixed-term tenancy be reduced?

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.
There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances b. the change was unforeseen c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.
Section 66(2) provides that, if the Tribunal reduces the term of the tenancy, it may order the applicant to pay reasonable compensation to the other party for any loss or damage which results from the reduction of the term.
The Tribunal has held that it cannot reduce the term of a fixed-term tenancy on the application of one of several co-tenants (Derbyshire v Mark & Maggies Property Company Ltd Wellington [2013] NZTT 1477WN).
The weighing of relative hardship is a question of fact to be assessed objectively in each case.
In this instance, I do not consider the tenant has established grounds for a reduction to the fixed-term tenancy. The relocation to Australia for employment reasons was an opportunity that was attractive and accepted. The change cannot be considered as unforeseen. The hurdle facing such claims were discussed and the likely outcome here foreshadowed at the hearing.
The tenant also submitted that she was unfamiliar with fixed-term tenancies (two were signed as part of this tenancy) and she expected the agent to provide better information on options. She did not seek information from any other source. I do not consider the agent acted in any way such that the obligations of the tenant might be negated by any failure, omission or tardiness of the landlord.
The impost on the tenant of paying rent for a premises when of no or little beneficial use or occupation was very real and a situation the tenant would prefer to avoid. That was well expressed and is understood.
Unfortunately, the obligations of the fixed-term tenancy were clearly stated and should have, or would have, been a factor considered by the tenant in any deciding on any subsequent change.
I do not need to consider the relative hardship given the finding that the change in circumstances was reasonably foreseeable and no grounds for a reduction exist.
The application for a reduction in the fixed-term is dismissed. That leaves a rent liability to be addressed.

Is rent in arrears?

The landlord provided a rent summary that confirmed the rent liability ended 22 January 2026. At that date, the rent summary was confirmed as $1,767.86.
The rent summary accounting was not disputed by the tenant.
The rent in arrears is awarded. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse it the filing fee.

Tenancy Tribunal case 5432975 — Rent arrears at 16A Worcester Road, Meadowbank, Auckland 1072

At a glance

Tenancy Tribunal case 5432975 — Rent arrears at 16A Worcester Road, Meadowbank, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

Should the fixed-term tenancy be reduced?

Is rent in arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the fixed-term tenancy be reduced?

Is rent in arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions