Six months into a 12-month fixed term, a tenant is moved by her employer to another city at short notice. The landlord will not agree to end the tenancy early. What can the tenant do?
Correct Answer
A) Apply to the Tribunal to shorten the term for unforeseen severe hardship.
Section 66(1) lets the Tribunal reduce a fixed term where an unforeseen change in the applicant's circumstances means the severe hardship to the applicant if the term is not shortened outweighs the hardship to the other party. The Tribunal may order compensation to the landlord. Assignment with consent under s 43B is another option.
Why This Is the Correct Answer
Section 66 is the route for early exit from a fixed term on hardship grounds.
Why the Other Options Are Wrong
Option B: Give 21 days' notice, because job transfers end any fixed-term tenancy.
The 21-day tenant notice is for periodic tenancies; a fixed term cannot be ended by notice this way.
Option C: Give 42 days' notice, because a change of workplace is a listed ground.
Forty-two days is a landlord notice period for set grounds, not a tenant exit route.
Option D: Leave without notice; the landlord's only remedy is to keep the bond.
Leaving would breach the agreement and expose her to rent and loss claims.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Fixed term, no agreement to leave: Tribunal hardship order or assignment.
Common Mistakes to Avoid on Property Management Questions
- •Assuming periodic notice periods apply to fixed-term tenancies.
More Property Management Questions
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- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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