What was the outcome of Tenancy Tribunal case 5279120?

The tribunal order states: The term of the fixed-term tenancy of Ritika Ritika at Room 5, Unit/Flat 2, 31

How much money was awarded in case 5279120?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5279120?

The primary dispute was Rent arrears. Related themes: Compensation.

Where can I read the official tribunal order for case 5279120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12019395-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5279120?

The tribunal order states: The term of the fixed-term tenancy of Ritika Ritika at Room 5, Unit/Flat 2, 31

How much money was awarded in case 5279120?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5279120?

The primary dispute was Rent arrears. Related themes: Compensation.

Where can I read the official tribunal order for case 5279120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12019395-Tenancy_Tribunal_Order.pdf.

Room 5, Unit/Flat 2, 31 Poulson Street, Addington, Tenancy Tribunal Case 5279120 — Rent arrears

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Order

The term of the fixed-term tenancy of Ritika Ritika at Room 5, Unit/Flat 2, 31 Poulson Street, Addington, Christchurch 8024 is reduced and now ends at 4pm on Friday 27 June 2025.

Ritika Ritika must pay Braziers Limited As Agent For Martyn & Claire Milne $1,040.00 from the bond being rent arrears and rent in lieu of notice to 27 June 2025

The Bond Centre is to pay the bond of $1,040.00 to Braziers Limited As Agent For Martyn & Claire Milne immediately.

Reasons

Both parties attended the hearing.

The tenant has applied for reduction of the fixed-term tenancy due to end on 12 November 2025.

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.

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.

There is a high threshold to be met before the Tribunal will reduce the term.

Where the Tribunal reduces a fixed-term tenancy, it may order the tenant to pay the landlord reasonable compensation for any resulting loss. See section 66(2) Residential Tenancies Act 1986.

The tenancy started in February 2025. It is for a fixed term to 12 November 2025.

The tenant contacted the landlord in May saying that she was moving to Timaru for study and wanted to end the tenancy. She said that she cannot afford to pay two rents.

The landlord replied by outlining the process for either early termination or assignment of the tenancy. The tenant proposed two new tenants for assignment. Neither were acceptable.

However, the landlord offered an early termination of the tenancy effective on 27 June 2025. The tenant did not accept that. She said that she should only be liable for rent to 28 May (being 2 weeks after she gave notice). She complained that the landlord had not been proactive and should have accepted termination on an earlier date.

There is no obligation on the landlord to be proactive or agree to an early termination of a fixed term tenancy. The tenant also claimed that the tenancy agreement should have explained the steps for early termination. That is not correct, the agreement clearly sets out that the tenancy was for a fixed term. The information provided by the landlord in May regarding early termination or assignment was clear and comprehensive.

The tenant has not established grounds for early termination under s66 RTA. The tenant has not moved to Timaru, is not studying and there was no certainty around whether either of those things will occur. Rather, she said at the hearing that she has moved in with a friend. This landlord has been pragmatic in accepting an early termination.

The landlord’s offer to end the tenancy on 27 June provided the tenant pays rent to that date remained open during the hearing. I have made orders accordingly and direct the bond to paid to the landlord.

The tenant was not successful, so I have not awarded reimbursement of the Tribunal application fee or granted her request for suppression of her details.

Order