Fixed-Term Tenancy Reduced Due to Unforeseen Circumstances
📌 In brief
The Tenancy Tribunal reduced the fixed-term tenancy of a tenant because she needed to care for her aging mother, who had severe health issues. The Tribunal considered the hardship to both parties and awarded compensation to the landlord.
⚖️ Legal holding
A tenant may have their fixed-term tenancy reduced if they face severe hardship due to unforeseen changes in their circumstances.
📖 What the law says
This rule allows the Tenancy Tribunal to shorten a fixed-term tenancy if a tenant applies and shows that an unforeseen change in their life would cause them severe hardship. The Tribunal must be convinced that the tenant's hardship if the tenancy continues would be greater than the landlord's hardship if it ends early. If the Tribunal shortens the tenancy, it can also change other terms of the agreement and may order the tenant to pay compensation.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal reduced the fixed-term tenancy due to unforeseen circumstances involving the tenant's need to care for her aging mother.
📜 Headnote Official document
The Tenancy Tribunal reduced the fixed-term tenancy of a tenant due to unforeseen circumstances involving the need to care for her aging mother, who faced severe health issues. The Tribunal considered the hardship to both parties and awarded compensation to the landlord.
📚 Full judgment Official document
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[2025] NZTT 5237731
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
ORDER
1. The term of the fixed-term tenancy of [NAME] at [ADDRESS], [POSTCODE] is reduced and now ends at 5pm on Thursday, 26 June 2025.
2. [NAME] must pay Co-Lab PM Limited T/A [NAME] $800.00 immediately being compensation for the early termination.
Reasons:
1. Both parties attended the hearing.
2. The tenant has applied for reduction of the fixed-term tenancy due to end on 17 January 2026.
3. The Tribunal may reduce a fixed term tenancy where:
a. there has been an unforeseen change in the applicant’s circumstances; and
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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.
4. There has been an unforeseen change in the tenant's circumstances. The tenant resides at the premises with her ageing mother. She moved to Wairoa to be closer to her mother about 12 months ago. When the tenant moved to this property, her mother was more mobile. However, her health has deteriorated rapidly in the last three months (including recent hospital admissions). I have received medical evidence stating the bathroom facilities at the current property are not suitable and pose fall risks. The tenant is taking her mother to alternative premises every two to three days for showering. The tenant has also had to give up her part time job so that she can provided fulltime care to her mother.
5. I find that this a genuine example of unforeseen circumstances. I accept that the tenant had hoped this would be a long-term home.
6. The tenant has found an alternative rental, suitable for [NAME]. It will be available in 2 weeks.
7. The tenant would suffer severe hardship if the term of the tenancy were not reduced. The ongoing risks to her mother’s safety is stressful. It is a real concern, supported by medical evidence. It is not feasible to continue showering her at other’s homes. The tenant cannot afford to pay rent at two properties having given up work to provide care.
8. The landlord would suffer hardship if the term is reduced. The Property Manager advised that the owner has been made redundant and will be in a difficult financial situation if it does not receive rent from the premises.
9. While I acknowledge the hardship to the landlord, I find that the tenant’s hardship would be greater than the landlord’s particularly having regard to safety risks.
10. 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.
11. I award compensation of $800 to the landlord, which represents the advertising and administration costs of finding a new tenant. I have also fixed a termination date of 26 June which is 4 weeks from today, rather than the two-week timeframe in which the tenant’s new rental property will be available. The tenant must continue to pay rent until the period ending 26 June.
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12. The tenant will also provide reasonable access to the landlord to show the premises to prospective tenants.
[NAME]
29 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant's mother's rapid health deterioration was unforeseen.
- The tenant faces severe hardship due to the need to provide constant care for her mother.
- The tenant's hardship outweighs the landlord's difficulty in finding a new tenant.
- The tenant has secured an alternative rental property in two weeks.
❌ Tends to be rejected
- The landlord's financial hardship due to redundancy is acknowledged but deemed less significant.
- The landlord's need to receive rent immediately to cover administrative costs.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal reduced the fixed-term tenancy of a tenant due to unforeseen circumstances involving the need to care for her aging mother.
What was the dispute about?
The dispute was about whether the fixed-term tenancy could be reduced due to the tenant's need to care for her aging mother, who had severe health issues.
How did the court decide, and why?
The court decided to reduce the fixed-term tenancy because the tenant faced severe hardship due to unforeseen circumstances, including her mother's rapid deterioration in health.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 66(1) and 66(2), were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant faced severe hardship due to unforeseen circumstances, including her mother's rapid deterioration in health.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be able to have their fixed-term tenancy reduced if they face severe hardship due to unforeseen circumstances.
What evidence or documents mattered?
Medical evidence stating the bathroom facilities at the current property were not suitable and posed fall risks to the tenant's mother mattered.