Tenant's Fixed Term Tenancy Reduced Due to Mould Issues
📌 In brief
The Tenancy Tribunal reduced the fixed-term tenancy period of a tenant due to unforeseen changes in their circumstances, including mould issues affecting their health and living conditions.
⚖️ Legal holding
A tenant is entitled to 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 unexpected change in their life would cause them severe hardship. The Tribunal must also be satisfied that this hardship would be greater than any hardship the landlord would face if the tenancy were shortened.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal reduced the fixed-term tenancy period due to unforeseen changes in the tenant's circumstances.
📜 Headnote Official document
The Tenancy Tribunal reduced the fixed-term tenancy period of a tenant due to unforeseen changes in their circumstances, including mould issues affecting their health and living conditions.
📚 Full judgment Official document
__________________________________________________________________________________ 5141688 1
[2025] NZTT 5141688, 5111193
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
2. [COMPANY] is to pay the bond of $2,700.00 ([Bond number suppressed]) immediately apportioned as follows:
[The landlord/s]: $1,542.86
[[NAME]]: $1,157.14
3. The term of the fixed-term tenancy of [[NAME]] at [ADDRESS], [POSTCODE] is reduced and now ends at 11.59pm, Sunday 12 January 2025.
Description Landlord Tenant Rent arrears to 12 January 2025 $1,542.86 Total award $1,542.86 Bond $1,542.86 $1,157.14
__________________________________________________________________________________ 5141688 2
Reasons:
1. Both parties attended the hearing.
2. The tenancy was for a fixed term due to end on 4 April 2025. The tenant moved out on 12 January 2025.
3. The landlord has applied for rent arrears. The rent summary provided by the landlord did not include any total amounts or rent reductions that had been agreed. In future the landlord should produce a rent summary which sets out when the rent was due, when the rent was paid or not paid, and a running total of the arrears.
4. The landlord seeks rent arrears to 14 February 2025 which is the day before the new tenancy commenced on 15 February 2025.
5. The tenant has applied for reduction of the fixed-term tenancy due to end on 4 April 2025.
6. 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.
7. There has been an unforeseen change in the tenant's circumstances. On 3 December 2024 the tenant emailed the landlord about mould in the premises. The tenant sent photographs of the mould and damage to some of their belongings. At the same time the tenant advised that his partner was pregnant and due to the mould, and therefore the premises were not suitable to live in.
8. The tenant would suffer severe hardship if the term of the tenancy were not reduced. The tenant submitted a letter from his doctor stating that he has developed persistent respiratory symptoms consistent with reactive airways. The doctor recommended that the mould problem be immediately rectified, and if it cannot be, that the tenant move to a residence that is warm and dry without any mould. The other tenant was pregnant.
9. The landlord acknowledged that there was mould in the premises but considered this to be a problem for the tenant. The tenant said that the front house, which is a separate tenancy, also reported problems with mould but this was denied by the landlord.
10. [NAME], Christchurch, 14/089/2002, it was said:
__________________________________________________________________________________ 5141688 3
“A tenant must also tell the landlord where there is a mould problem so that the necessary action can be taken. The landlord is also required to provide premises that are not prone to mould. If the premises have an inherent problem, such as bad construction or water lying under the premises, the landlord has the responsibility to remedy the fault. Premises must be able to be used and lived in, in the normal responsible way, without mould developing. If this can not be done then it is the landlord problem. If the tenant fails to ventilate and heat appropriately when heating and ventilation is available, then it is the tenant’s problem.”
11. The landlord did not investigate the cause of the mould. The landlord did not have an independent Healthy Homes assessment and instead produced the part of the tenancy agreement which is where the landlord ticks the boxes in relation to compliance with the Healthy Homes standards. The landlord said that the premises are exempt for underfloor insulation and the vapour barrier. The tenant queried whether the bathroom ventilation was vented to the exterior. All of this would be answered with an independent assessment. It also may provide a possible cause for the mould.
12. The landlord would suffer hardship if the term is reduced. The hardship would be a reduction in the rent arrears awarded.
13. I find that the tenant’s hardship would be greater than the landlord’s hardship. The tenancy is to end on 12 January 2025 and therefore the tenant is only liable for rent arrears to that date. The bond is released to the landlord for rent arrears and the balance to the tenant.
14. As both parties have had some success with their applications I make no award for reimbursement of the filing fee. For the same reason the names of both parties are suppressed as sought.
[NAME] 03 March 2025
__________________________________________________________________________________ 5141688 4
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 tenant's circumstances changed unexpectedly, as evidenced by the discovery of mould and the partner's pregnancy.
- The tenant would suffer severe hardship if the tenancy continued due to health concerns related to mould.
- A doctor recommended the tenant move due to persistent respiratory symptoms caused by mould.
- The tenant's hardship was greater than the landlord's, which was primarily a reduction in rent arrears.
- The landlord acknowledged the presence of mould but considered it the tenant's problem.
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 period of a tenant due to unforeseen changes in their circumstances.
What was the dispute about?
The dispute was about reducing the fixed-term tenancy period due to mould issues affecting the tenant's health and living conditions.
How did the court decide, and why?
The court decided to reduce the tenancy period because the tenant faced severe hardship due to mould issues, which were not anticipated.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 66(1) was applied.
What was the argument that mattered most?
The argument that mattered most was the severe hardship faced by the tenant due to mould issues, which affected their health and living conditions.
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 might be able to have their fixed-term tenancy reduced if they face severe hardship due to unforeseen changes in their circumstances.
What evidence or documents mattered?
Evidence included emails about mould issues, a doctor's letter about respiratory symptoms, and a letter from the tenant about their partner's pregnancy.