Tenant's Request for Termination Due to Hardship Grounds
📌 In brief
The Tenancy Tribunal ended a tenancy agreement and ordered payments between the tenant and landlord after considering the tenant's hardship grounds and the landlord's efforts to mitigate losses.
⚖️ Legal holding
A tenant is entitled to terminate a tenancy agreement under genuine hardship grounds if they provide sufficient evidence.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or used their legal rights. The tenant must apply to the Tribunal within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal terminated the tenancy agreement and ordered payments between the parties.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy agreement and ordered payments between the parties after considering the tenant's genuine hardship grounds and the landlord's mitigation efforts.
📚 Full judgment Official document
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[2025] NZTT 5227331
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] is to pay [COMPANY] $440.14.
2. [COMPANY] is to pay [COMPANY] $948.00.
3. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated.
Reasons:
1. Both parties attended the hearing.
2. This application concerns a fixed term tenancy from 25 January 2025 to 23 January 2026. There are four tenants.
3. The Tenant has prima facie genuine grounds for hardship but has not yet, at the time of the hearing, filed evidence in support of her upsetting narrative.
4. The Landlord has found a replacement tenant who can move in on 15 May (next week). The Landlord has not waived their right to claim rent up until the expiry of the tenancy but have taken steps to mitigate their loss and have offered to waive any “lease-break” fees.
5. The Tenant has reluctantly agreed to accept this compromise if I confirm it is reasonable, having regard to the Residential Tenancies Act 1986. I consider the
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arrangement is reasonable, given the balance of convenience and fairness between the Landlord, the Tenant, and all Tenants collectively.
6. Consequently, I make the above Order on the basis of consent.
[NAME]
09 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 provided prima facie genuine grounds for hardship.
- The landlord found a replacement tenant and offered to waive lease-break fees.
- The arrangement between the tenant and landlord was considered reasonable by the tribunal.
❌ Tends to be rejected
- The tenant did not provide sufficient evidence to support their hardship claim at the time of the hearing.
- The landlord did not waive their right to claim rent up until the expiry of the tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenancy agreement and ordered payments between the tenant and landlord.
What was the dispute about?
The dispute was about whether the tenant could terminate the tenancy agreement due to genuine hardship grounds.
How did the court decide, and why?
The court decided to terminate the tenancy agreement, considering the tenant's hardship grounds and the landlord's efforts to mitigate losses.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the tenant's ability to prove genuine hardship grounds.
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 terminate their tenancy agreement if they can prove genuine hardship grounds.
What evidence or documents mattered?
The judgment does not specify the exact evidence provided by the tenant.