Published tribunal order
Tenancy Tribunal case 5498095 — Rent arrears
Decided 19 May 2026 · Published 19 May 2026 · Application 5498095
- Rent arrears
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 parties’ names and identifying details.
- [The tenant/s] must pay [The landlord/s] $650.00 immediately, as calculated in the table below:
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears and refund of bond.
- The tenant applied for reduction of the fixed-term tenancy that ended on 30 April 2026.
- The onus is on each party to establish their claims. The burden of proof is on the balance of probabilities.
- Section 85 of the Residential Tenancies Act 1986 says that the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies, and 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. Reduction of fixed term
- The Tribunal may reduce a fixed term tenancy where: a. there has been an unforeseen change in the applicant’s circumstances; and 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. See section 66(1) Residential Tenancies Act 1986.
- The tenants wanted to move back to Australia for financial reasons, but there was no specific unforeseen change in the tenant's circumstances.
- However, the landlord had agreed to reduce the term of the fixed-term tenancy in any event.
- In December, the landlord had agreed to release the tenants from the fixed-term tenancy on the basis that they paid a break lease fee of $575.00 and they would be liable for the rent until the landlord found a new tenant.
- In an email dated 19 December 2025, the tenants agreed to these terms. On 14 January 2026 the tenants paid the break lease fee and handed the keys over.
- The property management company advertised the property and held some viewings. The market was softer than when the tenants first rented the premises in April 2025.
- On 2 February 2026 the owner decided to place the property on the market and decided that it would be difficult to find tenants for the remainder of the fixed- term lease. Therefore, no further efforts were made to find new tenants.
- I find that in December the landlord had agreed to release the tenants and to look for new tenants. The tenants are not responsible for the owner’s change of mind.
How much rent should be paid?
- I accept the landlord’s evidence that the market has softened. However, I consider it is more likely than not that had the viewings continued, a tenant would have been found within 6 weeks. Marketing over the Christmas period has its challenges and so I have taken the 6 weeks from the date the tenants handed over the keys on 14 January 2026. I therefore order the tenant to pay rent until 25 February 2026. According to the rent summary provided by the landlord, the amount owing on that date was $3,250.
- The bond has been released to the landlord, and is sitting in the property manager’s trust account. That may now be paid to the landlord in reduction of the debt owed to the tenants.
- Both parties have had some success and so I make no order for reimbursement of the filing fee and order name suppression for both parties.