What was Tenancy Tribunal case 5452212 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 5452212?

The reconciled net award was $1,283.57.

What type of tenancy dispute was case 5452212?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5452212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314407-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5452212 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 5452212?

The reconciled net award was $1,283.57.

What type of tenancy dispute was case 5452212?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5452212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314407-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5452212 — Rent arrears

Claims and awards in Tenancy Tribunal application 5452212 — net $1,283.57 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$1,283.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at Thursday 19 February 2026.
[The tenant/s] must pay [The landlord/s] $1,283.57 from the bond, being rent arrears to Thursday 19 February 2025.
The Bond Centre is to pay the bond of $2,396.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,283.57 [The tenant/s]: $1,112.43
All other claims are dismissed.

Reasons

Both parties attended the hearing.

Should I end the fixed term tenancy?

The tenant has applied for reduction of the fixed-term tenancy due to end on 30 April 2026. 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 section 66 Residential Tenancies Act 1986 (RTA), 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.
The tenant said the change in her circumstances is the result of an unforeseen change in her benefit. The weekly rent at the tenancy premises is $599. She was receiving $800 a week when she signed the tenancy agreement and for eight months she paid all her rent in advance. At the end of December the tenant was advised that her benefit would reduce. After many appointments and the help of an advocate the tenant’s benefit entitlement has been set at $450 a week. This means there is no way the tenant can pay the weekly rent.
The tenant’s submission was not challenged by the landlord. I find there has been a change in circumstances that was unforeseen.
The tenant moved to transitional housing on 19 February 2026 where she is paying $171 a week. She also has her usual living expenses and final bills from the tenancy to pay. She is in receipt of a benefit which means she does not have other savings. WINZ has already paid a lump sum for the rent arrears to 4 February 2026, and the tenant has to repay this from her benefit. I find there would be severe hardship for the tenant if the fixed term tenancy continues.
The landlord’s submission about hardship is that the landlord and owner will lose rent because they expected to have settled income to the end of April. An offer was made yesterday for the tenancy to end on 31 March 2026 but this was not accepted.
The weighing of relative hardship is a question of fact to be assessed objectively in each case. I find there would be more hardship for the tenant than for the landlord. The fixed term tenancy will end and the end date should be 19 February 2026.
Section 66(2) provides that, if I reduce the term of the tenancy, I 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. I am not persuaded I should allow compensation in this case because the tenant has kept the landlord informed, cleaned and left the keys, and the tenancy has been advertised. There is also only 10 weeks from 19 February until the end of the fixed term.

Does the tenant owe rent?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The tenant agreed she owes the rent. Other orders
A request has been sent to the Bond Centre. The balance of the bond will be refunded to the tenant because the landlord has had a month to check the condition of the tenancy premises.
Both parties have been substantially successful so there is no order for reimbursing the filing fee.
I have used my discretion and allowed suppression for both parties. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. I find there is no public interest in the tenant’s name because the rent arrears are directly related to the unforeseen change in benefit and have been covered by the bond refund.

Claims and awards in Tenancy Tribunal application 5452212 — net $1,283.57 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$1,283.57

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
The term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at Thursday 19 February 2026.
[The tenant/s] must pay [The landlord/s] $1,283.57 from the bond, being rent arrears to Thursday 19 February 2025.
The Bond Centre is to pay the bond of $2,396.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,283.57 [The tenant/s]: $1,112.43
All other claims are dismissed.

Reasons

Both parties attended the hearing.

Should I end the fixed term tenancy?

The tenant has applied for reduction of the fixed-term tenancy due to end on 30 April 2026. 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 section 66 Residential Tenancies Act 1986 (RTA), 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.
The tenant said the change in her circumstances is the result of an unforeseen change in her benefit. The weekly rent at the tenancy premises is $599. She was receiving $800 a week when she signed the tenancy agreement and for eight months she paid all her rent in advance. At the end of December the tenant was advised that her benefit would reduce. After many appointments and the help of an advocate the tenant’s benefit entitlement has been set at $450 a week. This means there is no way the tenant can pay the weekly rent.
The tenant’s submission was not challenged by the landlord. I find there has been a change in circumstances that was unforeseen.
The tenant moved to transitional housing on 19 February 2026 where she is paying $171 a week. She also has her usual living expenses and final bills from the tenancy to pay. She is in receipt of a benefit which means she does not have other savings. WINZ has already paid a lump sum for the rent arrears to 4 February 2026, and the tenant has to repay this from her benefit. I find there would be severe hardship for the tenant if the fixed term tenancy continues.
The landlord’s submission about hardship is that the landlord and owner will lose rent because they expected to have settled income to the end of April. An offer was made yesterday for the tenancy to end on 31 March 2026 but this was not accepted.
The weighing of relative hardship is a question of fact to be assessed objectively in each case. I find there would be more hardship for the tenant than for the landlord. The fixed term tenancy will end and the end date should be 19 February 2026.
Section 66(2) provides that, if I reduce the term of the tenancy, I 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. I am not persuaded I should allow compensation in this case because the tenant has kept the landlord informed, cleaned and left the keys, and the tenancy has been advertised. There is also only 10 weeks from 19 February until the end of the fixed term.

Does the tenant owe rent?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The tenant agreed she owes the rent. Other orders
A request has been sent to the Bond Centre. The balance of the bond will be refunded to the tenant because the landlord has had a month to check the condition of the tenancy premises.
Both parties have been substantially successful so there is no order for reimbursing the filing fee.
I have used my discretion and allowed suppression for both parties. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. I find there is no public interest in the tenant’s name because the rent arrears are directly related to the unforeseen change in benefit and have been covered by the bond refund.

Tenancy Tribunal case 5452212 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5452212 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should I end the fixed term tenancy?

Does the tenant owe rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should I end the fixed term tenancy?

Does the tenant owe rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions