How much money was awarded in case 5281059?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,495.00 awarded to landlord

What type of tenancy dispute was case 5281059?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5281059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12106210-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5281059?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,495.00 awarded to landlord

What type of tenancy dispute was case 5281059?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5281059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12106210-Tenancy_Tribunal_Order.pdf.

15 Kouras Place, Flat Bush, Auckland 2016 Tenancy Tribunal Case 5281059 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5281059?

The tribunal order states: Jorgia Lee Whitfield, Riley James Williams and Ariana Marie Woods must pay

Order

Claims and awards in Tenancy Tribunal application 5281059 — net $3,522.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 4 July 2025	$3,495.00	Rent arrears (to 4 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,522.00
Total payable by Tenant to Landlord	$3,522.00

Jorgia Lee Whitfield, Riley James Williams and Ariana Marie Woods must pay Rental Doctors Property Management Limited - As Agent For Darshan Bhikhabhai & Dhruvkumar Bhikhabhai Desai $3,522.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 4 July 2025)$3,495.00 Filing fee reimbursement$27.00 Total award$3,522.00 Total payable by Tenant to Landlord$3,522.00

Ms Whitfield’s application is dismissed.

Reasons

A representative of the landlord attended the hearing. Ms Whitfield attended the hearing. One of the other tenants, Ms Woods, also attended the hearing.

This tenancy is for a fixed term to Friday, 19 September 2025. There are three tenants. They are jointly and severally liable to the landlord. That means that each of them is individually, and as a group, responsible for the whole rent for the premises. Each tenant does not have an individual tenant agreement with the landlord they have a collective agreement where together they are the tenant/s.

Two of the tenants have moved out. One of those, Ms Whitfield, has applied for early termination of the tenancy. That application is not supported by Ms Woods, who wants to remain at the premises until the end of the fixed term.

The landlord has applied for rent arrears against all three tenants. The landlord has not applied for termination. The landlord has not agreed to early termination, or to release any of the tenants from their obligations.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I award rent arrears of $3,495.00 being the amount owed to 4 July 2025. Reduction of Fixed Term Tenancy

Ms Whitfield has applied for reduction of the fixed-term tenancy due to end on 19 September 2025.

Previous Tribunal decisions have considered whether one of several joint tenants can apply for early termination of a fixed term. I adopt the reasoning in Tenant v Landlord [2024] NZTT 4925973 and conclude that I can hear the application of one tenant to reduce the fixed term.

The nature of the joint and several tenancies means that I cannot reduce the term or terminate the tenancy for only the applicant/s that applies, if I am satisfied that the tenancy should terminate then I must reduce the term in the tenancy agreement or terminate the total tenancy. Ms Whitfield has the onus of proving her application.

A tenancy agreement is a contract. When parties enter contracts, they are bound by the terms that they have agreed to. That is because the other party may make changes to their position in reliance of the other party fulfilling the promises that they have made in the contract.

The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that 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.

Ms Whitfield said that she could no longer afford the rent and that the living environment was “toxic”. She said she was bullied. She provided limited evidence or detail in relation to her claims. The medical evidence she provided was not consistent with her claims.

Unforeseen means unexpected or not anticipated. A falling out between housemates or co-tenants is not an unforeseen event. Falling outs and having to work through issues are normal consequences of being in a flatting situation. Ms Whitfield did not provide evidence to support a claim of “bullying”.

Ms Whitfield did not provide evidence of severe hardship. Severe hardship has been described in previous Tribunal decisions, as rigorous, harsh and not negligible, it is more than ordinary hardship. The severe hardship must also result from the unforeseen change.

Ms Whitfield said that she is suffering hardship because she could not afford to pay rent after another tenant left the property. She outlined her income and expenditure in general terms. I accept that her budget is tight. However, I consider that on the balance of probabilities any hardship she is suffering is a result of the breakdown in the relationships between the flatmates (which as mentioned above is a foreseen event) and from some of her own choices.

Ms Whitfield has not established her claim for early termination of the fixed term tenancy under s66 Residential Tenancies Act. The application is dismissed. As the landlord succeeded with its application, I have awarded reimbursement of its filing fee.

Claims and awards in Tenancy Tribunal application 5281059 — net $3,522.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 4 July 2025	$3,495.00	Rent arrears (to 4 July 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,522.00
Total payable by Tenant to Landlord	$3,522.00

Order

Jorgia Lee Whitfield, Riley James Williams and Ariana Marie Woods must pay Rental Doctors Property Management Limited - As Agent For Darshan Bhikhabhai & Dhruvkumar Bhikhabhai Desai $3,522.00 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 4 July 2025)$3,495.00 Filing fee reimbursement$27.00 Total award$3,522.00 Total payable by Tenant to Landlord$3,522.00
Ms Whitfield’s application is dismissed.

Reasons

A representative of the landlord attended the hearing. Ms Whitfield attended the hearing. One of the other tenants, Ms Woods, also attended the hearing.
This tenancy is for a fixed term to Friday, 19 September 2025. There are three tenants. They are jointly and severally liable to the landlord. That means that each of them is individually, and as a group, responsible for the whole rent for the premises. Each tenant does not have an individual tenant agreement with the landlord they have a collective agreement where together they are the tenant/s.
Two of the tenants have moved out. One of those, Ms Whitfield, has applied for early termination of the tenancy. That application is not supported by Ms Woods, who wants to remain at the premises until the end of the fixed term.
The landlord has applied for rent arrears against all three tenants. The landlord has not applied for termination. The landlord has not agreed to early termination, or to release any of the tenants from their obligations.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I award rent arrears of $3,495.00 being the amount owed to 4 July 2025. Reduction of Fixed Term Tenancy
Ms Whitfield has applied for reduction of the fixed-term tenancy due to end on 19 September 2025.
Previous Tribunal decisions have considered whether one of several joint tenants can apply for early termination of a fixed term. I adopt the reasoning in Tenant v Landlord [2024] NZTT 4925973 and conclude that I can hear the application of one tenant to reduce the fixed term.
The nature of the joint and several tenancies means that I cannot reduce the term or terminate the tenancy for only the applicant/s that applies, if I am satisfied that the tenancy should terminate then I must reduce the term in the tenancy agreement or terminate the total tenancy. Ms Whitfield has the onus of proving her application.
A tenancy agreement is a contract. When parties enter contracts, they are bound by the terms that they have agreed to. That is because the other party may make changes to their position in reliance of the other party fulfilling the promises that they have made in the contract.
The usual legal position with fixed term contracts, is that the term of the contract will be applied strictly, and it will only be in limited circumstances, that a decision maker like the Tribunal would interfere with that 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.
Ms Whitfield said that she could no longer afford the rent and that the living environment was “toxic”. She said she was bullied. She provided limited evidence or detail in relation to her claims. The medical evidence she provided was not consistent with her claims.
Unforeseen means unexpected or not anticipated. A falling out between housemates or co-tenants is not an unforeseen event. Falling outs and having to work through issues are normal consequences of being in a flatting situation. Ms Whitfield did not provide evidence to support a claim of “bullying”.
Ms Whitfield did not provide evidence of severe hardship. Severe hardship has been described in previous Tribunal decisions, as rigorous, harsh and not negligible, it is more than ordinary hardship. The severe hardship must also result from the unforeseen change.
Ms Whitfield said that she is suffering hardship because she could not afford to pay rent after another tenant left the property. She outlined her income and expenditure in general terms. I accept that her budget is tight. However, I consider that on the balance of probabilities any hardship she is suffering is a result of the breakdown in the relationships between the flatmates (which as mentioned above is a foreseen event) and from some of her own choices.
Ms Whitfield has not established her claim for early termination of the fixed term tenancy under s66 Residential Tenancies Act. The application is dismissed. As the landlord succeeded with its application, I have awarded reimbursement of its filing fee.

Tenancy Tribunal case 5281059 — Rent arrears at 15 Kouras Place, Flat Bush, Auckland 2016

At a glance

Tenancy Tribunal case 5281059 — Rent arrears at 15 Kouras Place, Flat Bush, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions