What was Tenancy Tribunal case 5476851 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5476851?

Filing Fee: $28.00 awarded to landlord; Reletting Costs: $780.85 awarded to landlord; Rent: $1,316.16 awarded to landlord

What type of tenancy dispute was case 5476851?

The dispute type was not classified.

Where can I read the official tribunal order for case 5476851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13487776-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5476851 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5476851?

Filing Fee: $28.00 awarded to landlord; Reletting Costs: $780.85 awarded to landlord; Rent: $1,316.16 awarded to landlord

What type of tenancy dispute was case 5476851?

The dispute type was not classified.

Where can I read the official tribunal order for case 5476851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13487776-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5476851 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5476851 — net $185.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 21 April 2026	$1,316.16	Rent to 21 April 2026
Reletting costs	$780.85	Reletting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$185.01
Total payable by Tenant to Landlord	$185.01

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [the tenant ] at [ tenancy address ] ended on Tuesday 21 April 2026.
[The tenant/s] must pay New Zealand Property Managers Limited As Agent For Terry Senior $185.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 to New Zealand Property Managers Limited As Agent For Terry Senior immediately.

Reasons

Ms Merrilees appeared for the landlord by video. There was no appearance by the tenant.
The tenancy commenced on 20 June 2025 and is for a fixed term ending on 22 June 2026. On 3 April 2026, the tenant applied to reduce the fixed term, seeking to end the tenancy on 8 April 2026.
The unforeseen change in circumstances relied on was that the tenant needed to move to another city to provide care for a family member who was terminally unwell.
On 14 April 2026, the landlord filed a claim for rent arrears and reletting costs. Tenant’s application
Under section 66(1) of the Residential Tenancies Act 1986 (Act), a tenant may apply to the Tribunal to reduce the fixed term of a boarding house tenancy if there has been an unforeseen change in the tenant’s circumstances.
However, in this case, no evidence has been provided in support of the tenant’s application.
There is insufficient evidence and the application to reduce the fixed term is declined. Landlord’s application
The landlord has provided the email trail between themselves and the tenant commencing in March 2026, when the tenant advised the landlord of the situation and asked about bringing the fixed term to an end. The landlord stated they had asked the tenant to provide evidence of the family members unwellness, and although they had received a letter confirming that the family member was unwell, it did not specify the nature or extent of the illness. The landlord nevertheless indicated a willingness to end the fixed term on standard terms, namely that the tenant would remain liable for rent until a new tenancy agreement was entered and re letting costs.
In the email correspondence the tenant agreed for the property to be advertised for rent and asked whether any reletting costs could be deducted from the bond. On 26 March 2026, the tenant stated that they intended to vacate the property on 08 April 2026, which was acknowledged by the landlord. On or about 07 April 2026, that the tenant contacted the landlord seeking additional time to vacate, on or about Wednesday 15 April 2026.
The landlord stated that they advertised the property, received four applications, and conducted three viewings before entering into a new agreement commencing 22 April 2026. Law
The usual legal position with a fixed-term agreement is that the term will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it, for example under section 66(1) of the Act.
A fixed term tenancy cannot be ended by either party giving unilateral notice. Under section 50(1)(d) a tenancy agreement, whether periodic or fixed term, may end where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
Section 44A of the Act states: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps. Analysis and decision
Although there is no one written document between the parties recording all the terms on which the fixed term was to end, having heard from the landlord, and considered the email correspondence, I am satisfied that such an agreement is contained within the correspondence, and is further evidenced by the conduct of the parties.
I am satisfied that there has been an agreement to end the tenancy under section 50(1)(d) of the Act.
The terms of the agreement were that the tenant would remain liable for rent until the landlord had entered into a new agreement with a replacement tenant and would also be responsible for reasonable costs associated with reletting the property.
The reletting costs are itemised in the email correspondence. The landlord stated that they advertised the property, received four applications, and conducted three viewings before entering into a new agreement commencing 22 April 2026.
Accordingly, I award the landlord rent arrears and rent to 21 April 2026, together with the reletting costs of $780.85, which I accept are reasonable, and which I note are less than those initially itemised. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although the landlord has been wholly successful, they do not seek name suppression.
Section 95A (4) further provides the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Although the tenant has not been substantially successful, having considered the basis on which the made their application I am satisfied that it is appropriate to order suppression of their name and the address of the property.

Claims and awards in Tenancy Tribunal application 5476851 — net $185.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 21 April 2026	$1,316.16	Rent to 21 April 2026
Reletting costs	$780.85	Reletting costs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$185.01
Total payable by Tenant to Landlord	$185.01

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [the tenant ] at [ tenancy address ] ended on Tuesday 21 April 2026.
[The tenant/s] must pay New Zealand Property Managers Limited As Agent For Terry Senior $185.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,940.00 to New Zealand Property Managers Limited As Agent For Terry Senior immediately.

Reasons

Ms Merrilees appeared for the landlord by video. There was no appearance by the tenant.
The tenancy commenced on 20 June 2025 and is for a fixed term ending on 22 June 2026. On 3 April 2026, the tenant applied to reduce the fixed term, seeking to end the tenancy on 8 April 2026.
The unforeseen change in circumstances relied on was that the tenant needed to move to another city to provide care for a family member who was terminally unwell.
On 14 April 2026, the landlord filed a claim for rent arrears and reletting costs. Tenant’s application
Under section 66(1) of the Residential Tenancies Act 1986 (Act), a tenant may apply to the Tribunal to reduce the fixed term of a boarding house tenancy if there has been an unforeseen change in the tenant’s circumstances.
However, in this case, no evidence has been provided in support of the tenant’s application.
There is insufficient evidence and the application to reduce the fixed term is declined. Landlord’s application
The landlord has provided the email trail between themselves and the tenant commencing in March 2026, when the tenant advised the landlord of the situation and asked about bringing the fixed term to an end. The landlord stated they had asked the tenant to provide evidence of the family members unwellness, and although they had received a letter confirming that the family member was unwell, it did not specify the nature or extent of the illness. The landlord nevertheless indicated a willingness to end the fixed term on standard terms, namely that the tenant would remain liable for rent until a new tenancy agreement was entered and re letting costs.
In the email correspondence the tenant agreed for the property to be advertised for rent and asked whether any reletting costs could be deducted from the bond. On 26 March 2026, the tenant stated that they intended to vacate the property on 08 April 2026, which was acknowledged by the landlord. On or about 07 April 2026, that the tenant contacted the landlord seeking additional time to vacate, on or about Wednesday 15 April 2026.
The landlord stated that they advertised the property, received four applications, and conducted three viewings before entering into a new agreement commencing 22 April 2026. Law
The usual legal position with a fixed-term agreement is that the term will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it, for example under section 66(1) of the Act.
A fixed term tenancy cannot be ended by either party giving unilateral notice. Under section 50(1)(d) a tenancy agreement, whether periodic or fixed term, may end where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord’s written consent.
Section 44A of the Act states: 44A Recovery of expenses incurred by landlord (1) A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination. (2) A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.
Under section 49 of the Act, if a party to a tenancy agreement suffers a loss due to a breach of the agreement or the Act, they must take all reasonable steps to mitigate (reduce) that loss. If they do not, the Tribunal may reduce the amount of compensation or damages awarded to reflect what could have been avoided by taking reasonable steps. Analysis and decision
Although there is no one written document between the parties recording all the terms on which the fixed term was to end, having heard from the landlord, and considered the email correspondence, I am satisfied that such an agreement is contained within the correspondence, and is further evidenced by the conduct of the parties.
I am satisfied that there has been an agreement to end the tenancy under section 50(1)(d) of the Act.
The terms of the agreement were that the tenant would remain liable for rent until the landlord had entered into a new agreement with a replacement tenant and would also be responsible for reasonable costs associated with reletting the property.
The reletting costs are itemised in the email correspondence. The landlord stated that they advertised the property, received four applications, and conducted three viewings before entering into a new agreement commencing 22 April 2026.
Accordingly, I award the landlord rent arrears and rent to 21 April 2026, together with the reletting costs of $780.85, which I accept are reasonable, and which I note are less than those initially itemised. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although the landlord has been wholly successful, they do not seek name suppression.
Section 95A (4) further provides the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Although the tenant has not been substantially successful, having considered the basis on which the made their application I am satisfied that it is appropriate to order suppression of their name and the address of the property.

Tenancy Tribunal case 5476851 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5476851 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions