Tenant and Landlord Agree to Shorten Tenancy Term
📌 In brief
The Tenancy Tribunal approved a consent order where the tenant and landlord agreed to shorten the tenancy term and set conditions for the landlord to show the property to new tenants.
⚖️ Legal holding
Parties can mutually agree to shorten a fixed-term tenancy.
📖 What the law says
This rule states that a landlord cannot enter a rented property while the tenancy agreement is active, unless the tenant agrees right before or at the time of entry, or if specific situations described in the law apply. One such situation allows the landlord to enter for inspection between 8 am and 7 pm, provided they give the tenant 48 hours to 14 days' notice, and they don't do this more than once every four weeks.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy term was shortened by mutual agreement.
📜 Headnote Official document
The Tenancy Tribunal issued a consent order reducing the term of a fixed-term tenancy and setting conditions for the landlord to show the property to new tenants.
📚 Full judgment Official document
__________________________________________________________________________________ 5176774 1
[2025] NZTT 5176774
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [Tenancy address suppressed]
CONSENT ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and the Landlord name and identifying details.
2. By consent the parties agree that the term of the fixed-term tenancy of [The tenant/s] at [Tenancy address suppressed] is reduced and now ends at 11.59 pm on Sunday 30 March 2025 and upon the following terms:
a. The tenants will pay the landlord’s [NAME] advertising costs of $135 plus GST;
b. The landlord may enter the premises two times per week for the landlord to show the premises to prospective tenants at suitable times to be agreed by the tenants and otherwise in accordance with the provisions of sections 48(3)(a) and s48(3A) Residential Tenancies Act 1986.
3. The above agreement is in full and final settlement of the tenants’ claim against the landlord in this application.
Reasons:
1. Both parties attended the hearing by telephone and consent to the above orders.
__________________________________________________________________________________ 5176774 2
2. As the orders are made by consent it is appropriate to suppress the name and identifying details of the parties.
[NAME] 03 March 2025
__________________________________________________________________________________ 5176774 3
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants and landlord agreed to shorten the tenancy period.
- The tenants agreed to pay the landlord's advertising costs of $135 plus GST.
- The landlord can enter the premises twice a week to show it to potential tenants.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal approved a consent order reducing the term of the fixed-term tenancy and setting conditions for the landlord to show the property to new tenants.
What was the dispute about?
The dispute was about shortening the tenancy term and setting conditions for the landlord to show the property to new tenants.
How did the court decide, and why?
The court decided by consent order, allowing the parties to mutually agree on the shortened tenancy term and conditions.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 48(3)(a) and 48(3A) were applied.
What was the argument that mattered most?
The argument that mattered most was the mutual agreement between the tenant and landlord to shorten the tenancy term.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as both parties agreed to the consent order.
What does this mean for someone in a similar situation?
Someone in a similar situation can negotiate with their landlord to shorten the tenancy term and set conditions for showing the property to new tenants.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.