Tenant's Request for Tenancy Reduction Denied
📌 In brief
The Tenancy Tribunal denied a tenant's request to end their fixed-term tenancy early due to feeling unsafe. The Tribunal awarded the landlord rent arrears and bond repayment.
⚖️ Legal holding
A tenant cannot obtain a reduction of a fixed-term tenancy solely due to feeling unsafe without showing severe hardship and greater hardship than the landlord would face.
📖 What the law says
This rule allows the Tenancy Tribunal to shorten a fixed-term tenancy if an unforeseen change in a tenant's circumstances would cause them severe hardship. However, the tenant's hardship must be greater than any hardship the landlord would experience if the tenancy were shortened.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed the tenant's application for a reduction of the fixed-term tenancy and awarded the landlord rent arrears and bond repayment.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for a reduction of a fixed-term tenancy due to feeling unsafe. The Tribunal awarded the landlord rent arrears and bond repayment.
📚 Full judgment Official document
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[2025] NZTT 5243271, 5241471
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted] Agent For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant’s applications for a reduction of the fixed-term tenancy, for failure to comply with a 14-day notice and for emotional harm, are dismissed.
2. The [COMPANY] is to pay the bond of $8,600.00 (BN-00042426) to [COMPANY] ([NAME]) - As Agent For [NAME] immediately.
3. [NAME] must pay [COMPANY] ([NAME]) - As Agent For [NAME] $3,405.57 immediately, calculated as shown in the table below:
Description Landlord Tenant Rent arrears to 21 May 2025 $11,978.57 Filing fee reimbursement $27.00 Total award $12,005.57 Bond $8,600.00 Total payable by Tenant to Landlord $3,405.57
Reasons:
1. This is a cross-application. Both parties attended the hearing. The landlord was represented by [NAME].
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2. The parties signed a fixed-term tenancy-agreement starting on 2 February 2025 and ending on 27 August 2025.
3. The landlord has applied for rent arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
4. The tenant is seeking a reduction of the fixed-term tenancy and refund of the bond.
5. 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.
6. [NAME] set out the circumstances of two incidents that she claims caused “an unforeseen change in her circumstances”.
7. On 7 March 2025 at approximately 9.00 pm she was in her driveway when she was approached by three males who attempted to engage with her. [NAME]’s English is poor and she was scared. She went to her neighbour’s house and eventually her neighbour “chased them away.”
8. Then on 6 April 2025 she awoke at 1.35 am to find someone was attempting to force open the kitchen window. This caused the laminated glass to crack, although it remained smooth to the touch. [NAME] called the police.
9. [NAME] found both of these incidents disturbing and felt unsafe. Having initially sought to end the tenancy early after the first incident and then retracting the request, she again engaged with the landlord regarding an early termination of the tenancy.
10. On 9 April 2025, the landlord set out conditions of early termination, being a four week notice period, an end of tenancy date of 6 May 2025, and confirmation from [NAME] of acceptance of these conditions.
11. [NAME] did not respond for over a week until 15 April 2025 at which point she stated she agreed to the proposal, but the end date would be 4 May 2025.
12. On the same day the landlord responded by reiterating that 4 week’s-notice was required, which meant the end of tenancy date would now be 13 May 2025.
13. On 17 April 2025 [NAME] served a 14-day notice to remedy on the landlord. The notice had three requirements:
a. Repair the kitchen window,
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b. Install security cameras, and
c. Honour the offer to end the tenancy on 6 May 2025.
14. The landlord stated, and I agree, that the two incidents [NAME] encountered, although very unfortunate, could have happened anywhere in Auckland. No information was produced that indicate that [NAME] was being targeted. I accept [NAME] was scared by them, but I do not consider that to be sufficient to amount to a change in [NAME]’s circumstances.
15. Having determined there was no change in [NAME]’s circumstances, the application for a reduction in the fixed-term tenancy fails. I determine the tenancy ended as a result of negotiation between the landlord and the tenant.
16. The tenant claims the landlord agreed to an end of tenancy date and then failed to honour this agreement.
17. The weakness of the landlord’s position in this disagreement, is that there was no timeframe expressed in their offer, within which the tenant was required to accept 6 May 2025 as the end of tenancy.
18. However, I believe neither party would accept that the tenant had until 5 May 2025 before accepting the offer to end the tenancy the next day. That is to say, implicit in the landlord’s offer was a term that the tenant was required to accept the offer within a reasonable timeframe. In my view, a reasonable timeframe is within 5 days, although this may depend on other circumstances.
19. However, when the tenant responded, 6 days after the offer was made, she counter-offered with a new date, 4 May 2025. The landlord did not accept this date. The landlord responded on the same day that for the end of tenancy date to meet the four week’s notice, it would have to be 13 May 2025.
20. In short, where as [NAME] believes the landlord was not honouring the agreement of the end of tenancy date, I determine there was never an agreement of the end of tenancy date; there were only offers and counter- offers.
21. [NAME] pointed out that the landlord acted in good faith throughout their negotiation with [NAME], accepted an early end to the tenancy when they weren’t obliged to do so, accepted a subsequent drop in rent for the premises which could have been on-charged to [NAME], have not charged [NAME] re- letting costs, and have not charged [NAME] for rent from 21 May 2025 to 26 May 2025 when the new tenancy begins, because a premises is usually vacant for a short time between tenancies.
22. [NAME] stated [NAME] never confirmed an end of tenancy date. Based on the correspondence I have seen, this is correct.
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23. [NAME] raised a couple of other issues. She claimed the 14-day notice to repair the window may not have been complied with, and that one of the tradespeople contacted her rather than the landlord to get an inside measurement of the cracked window.
24. [NAME] stated that the window was fixed within the 14 day period, and that in any case [NAME] had left the property by 6 April 2025 and signed a new tenancy agreement from 17 April 2025.
25. [NAME]’s continued involvement with the premises and Ms [NAME] cessation of involvement, I prefer [NAME]’s version of event on this count.
26. [NAME] also claimed for emotional harm as a result of the two events at her premises. No corroborating information was provided, and no amount was included in the claim. I do not find this claim proved at all.
27. [COMPANY] ([NAME]) - As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing
[NAME]
26 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 landlord's claim for rent arrears to 21 May 2025 was accepted, totaling $11,978.57.
- The landlord's claim for reimbursement of the filing fee was accepted, totaling $27.00.
- The landlord acted in good faith by accepting an early end to the tenancy even when not obligated.
- The landlord was not required to charge the tenant for rent during the short vacancy between tenancies.
❌ Tends to be rejected
- The tenant's application for a reduction of the fixed-term tenancy was dismissed.
- The tenant's claim that the landlord failed to honor an agreement to end the tenancy on 6 May 2025 was rejected.
- The tenant's claim for emotional harm was not proven.
- The tenant's claim that the 14-day notice to repair the window may not have been complied with was not preferred.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the tenant's application for a reduction of the fixed-term tenancy and awarded the landlord rent arrears and bond repayment.
What was the dispute about?
The tenant requested an early termination of the fixed-term tenancy due to feeling unsafe after experiencing two incidents at the property.
How did the court decide, and why?
The court decided that the tenant's circumstances did not warrant a reduction of the fixed-term tenancy as the incidents were not deemed severe enough to cause hardship greater than the landlord's potential hardship.
Which laws or rules were applied?
The Residential Tenancies Act 1986, s 66(1) was applied.
What was the argument that mattered most?
The argument that mattered most was whether the incidents experienced by the tenant constituted an unforeseen change in circumstances leading to severe hardship.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation may not succeed in obtaining a reduction of their fixed-term tenancy unless they can demonstrate severe hardship and that their hardship is greater than the landlord's potential hardship.
What evidence or documents mattered?
The judgment mentions the two incidents experienced by the tenant and the negotiations between the tenant and landlord regarding the end of the tenancy.